The Contractor on an ECSC (2005 version) contract has failed to submit quotations for several compensation events (instructed (not proposed) changes to the works information) that reduce the scope of works.
The 2005 version of ECSC does not include the clause allowing the Employer to assess the compensation event in such circumstances. So what can I do to address this situation?
I’ve considered two things so far:
1 - Cancel the instruction and change it to a proposed instruction, then due process would allow me to assess the CE, but this introduces an unacceptable delay;
2 - Await the Contractor’s application for payment, then notify him that it has been wrongly assessed and pay him a lesser amount.
Would either of these be acceptable? Any other advice?