NEC3 Professional Services Contract - Retrospective CE Paperwork

I have unfortunately picked up on a project with not so great administrative records. I have noted that there was a change of scope at some point to change procurement method of the construction project from Develop and Construct to Traditional.

The professional consultant fees for the change were agreed via email between both parties with no formal CE notified. Not ideal. I’d like to try and rectify this issue and ensure we have this change of scope recorded within the confines of the PSC contract. The agreement is in place and both parties are content but as there is no ‘formal’ record of it so I am somewhat uneasy on where risk liability sits.

My question is can this be rectified by simply notifying a CE and relate it back to the email trail where agreement was put in place?

Any insight would be much appreciated.

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@jonathan.spence I would suggest you either do that (notification, acceptance, quotation etc.) or vary the contract by agreement, confirmation in writing and signing by the Parties (see cl. 12.3). A deed of variation might be even better to formalise it (depending on the magnitude).

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Many thanks Peter, appreciate the feedback!