The Contractor proposed that he could carry out a statutory undertaker (SU)'s diversion works quicker and cheaper than the SU could. This was agreed by the Employer, agreements regarding the work were put in place with the SU, and a CE was implemented for the additional works in the usual manner.
The Employer has since agreed to a further proposal from the Contractor to pay a share of the saving made from the SU. No provision for such a payment is stated in the contract. Can this amount be paid as “other amounts to be paid to the Contractor” in clause 50.2 or would the original CE have to be “re-opened” to formalise the agreement between the Employer and Contractor despite not being in accordance with the contract?