An item in our scope of works at tender stage stated “TBC”, due to the lack of detail the estimators did not price this item , subsequently the Construction drawings now provide a full detailed spec, is the Contractor allowed to claimed the full defined cost associated with this item or should an allowance been made at tender stage? What is the best approach in dealing with such change?
David
based on a standard NEC, the drawings and specification would form part of the Works Information. The Contract Data Part 1 will confirm if this is the case “The Works Information is …”.
If this is the case, the issue of the new information is a change in the Works Information and a compensation event under 60.1(1) (presuming that the 2 bullet points don’t apply).
If the PM has not notified you of a CE then you should notify him.
The assessment of the CE in respect of the Prices, should be the Defined Cost including the CE v the Defined Cost had the CE not occurred, + Fee.
Given that there was no information previously then the Defined Cost due to the CE is all “extra”.
The effect of the CE on the Completion Date would need to be assessed by inputting the new work items in to the accepted programme to see the change in planned Completion in accordance with clause 63.3
The issue of the construction drawings is clearly a change to the works information and thereby a compensation event, for which the Contractor is entilted to appropriate payment and possibly a change to the Completion Date.
At tender stage, tenderers are expected to comply with the Instructions for Tendering, so if the Employer wished tenderers to include an allowance, he would have said so in the IfT. Clearly, no tenderer is going to include an allowance if he is not required to do so, as that would put him at a commercial disadvantage.