I have an NEC3 PSC Option C contract for detailed design of some flooding remedial works that isn’t yet fully completed, which is concurrently being fed into a separate NEC3 Option C ECC contract for build only works that has just started.
The Contractor in the ECC contract has just issued a number compensation event notifications (that the client agrees with) relating to issues of the Consultants design from the PSC not being suitable for the works. One simple example is the construction design drawing for the coping stones is not suitable for the works. The drawing detail did not allow for any discrepancy in the brickwork alignment, nor a drip. The ECC Contractor therefore has issued a CE to propose the widening of the copings by 100mm and form a drip 20mm from the edge of the coping.
The client is now querying as to how they may recoup the costs of the ECC compensation events caused by the design issues of the Consultant in the PSC? As the PSC has yet to be completed, is there a way that such compensation event costs arising from the ECC contract can be recovered under the Consultant’s PSC unsuitable design? Many thanks.