Under NEC3 ECC Option A (Fixed Price), we placed an order with the Contractor for c£25k, when the Contractors Application for Payment was submitted- they were claiming c£50k. We had a meeting to discuss this, and it turns out that one of our engineers (not named in the Contract Data) was informally instructing additional work.
Contractually we know the additional work should have been notified by the contractor as a Compensation Event, but it never was. We also know that some of it is genuine additional work, and some was deemed to be included in the Contractor’s fixed price quotation.
In theory, our Project Manager was not aware of the additional work, so could not have notified the Compensation Event- so does this mean that the Contractor has effectively become time-barred, and is entitled to nothing, or could the Contractor notify us now?
Note- we are 12 months beyond the completion of this work, and just want to settle this fairly, as we will be continuing to work with the Contractor.