The following is a timeline of events for this scenario:
- Employer design was noted as impossible by the Contractor Nov 14
- Contractor submitted design changes as per the design process of the Contract
- Employer was not aware this design was impossible and Contractor did not notify the Employer this was impossible
- Contractor subsequently raised this as a CE notification the following July 2015
- Accepted and Employer issues change to the WI under 60.1.1 as not possible to be time barred due to an event which the Employer should have notified of.
My question is which programme would you use to review the CE?
The Contractor was aware of this change in Nov 14 however did not notify the Employer of his original design being impossible until the following July 2015. If you use the last Accepted Programme at the time of notification this would already have the effects of the new design present. I would consider two options:
- Review the programme available at the time the Contractor became aware of the event, Nov 14.
- Review the last Accepted Programme but remove the effects of the current design to replace with the effects of what would have been anticipated originally.
Could anyone please offer guidance or had a similar scenario?