NEC3 ECC: Can you claim for increased commercial resource (additional full time QS) when the tender stated 1no QS at 20% as a result of an extraordinary amount of change?

Under an option B contract, there has been a significant amount of PMI’s issued which has resulted in the requirement for a full time QS to be brought in. This is more than the 20% per week allowance for a QS requested in the tender.

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Under options A & B, under clause 11.2 (22), Defined Cost excludes “the cost of preparing quotations for compensation events”. Taken literally - and I have heard lawyers say this too - this is the cost of putting together the quotation on an Excel spreadsheet or equivalent to submit to the Project Manager. It does NOT include any change in Defined Cost due to managing the work. E.g. getting quotes from suppliers in etc : all the stuff that would need be done just to get the work done.

Note my words though : any CHANGE in Defined Cost.
So if a QS was just working longer and not getting paid for this additional time, there would be no change in Defined Cost.

In your instance, extra resource has been brought into the Working Areas due to compensation events. I would not be surprised if a fair bit of the additional QS is due to the extra work required not just preparing quotations so you are, in principle entitled to it. Rather than argue how much extra QS cost is allocated to each and every quotation, it makes much more sense to me to agree a standard figure as a separate compensation event. Say - off the top of my head - 2.5 days of the extra 4 days a week is planning work for which the Contractor gets paid, with 1.5 days for “preparing quotations” for which the Contractor does not get paid extra.