Contract is NEC3 Option A.
The Contractor has supervisory staff (i.e. Works Manager / Site Agent etc) who are employed full time within the Working Area.
Compensation Events occurs which involves these full time staff working on the CE’s. These CE’s do not impact on the programme.
Whilst there is no increase in his Defined Cost (because these staff are already employed full time on the project) the Contractor has included time for these staff in his quotes for the CE’s arguing that these members of staff can be included in CE’s if the time element doesn’t fall within an period being claimed as prolongation/delay. The Contractor claims that this is to cover the disruption element that undertaking CE works incurs as the Prelims are for contract works only and goes on to say that ‘… this is a recognised industry principle …’
A very similar question has previously been raised in January 2016 and the response at the time read ‘The intent of the contract is that the Contractor can only claim for additional resources as part of the CE quotation. If the existing team that are full time on that project can deal with that CE then there is no additional cost incurred.’
Please can you elaborate on where in the Contract it identifies that the Contractor is only able to claim for additional resources. Specific supporting clause references would be appreciated.