Contract is ECC Option A. Client has an advanced works Contractor carrying out land reclamation works which has delayed the access for the Main Contract works by 6 months which is a straightforward CE.
During the course of the above works however the Land Reclamation Contractor has reduced the quantum of Earthworks to be re-located around the site from 400,000 m3 to 350,000 m3 (there is no offsite).
The PM is intent on issuing a CE under Clause 63.10 reducing the earthworks quantum.
Q1. Is this a change to the Works Information under Clause 63.10 or does Clause 63.2 come into play which precludes him reducing the defined costs.
Q2. If it is a negative situation is the Contractor entitled to re-evaluate the whole earthworks package as the suitable / unsuitable ranges likely will change however as the access dates have been delayed by six months it is impossible to assess the effect of the change to the earthworks and the veracity of the PM’s statement.