Hi all, I have a question and would like to seek for some advice.
Currently, we have a NEC3 Option B contract running. Under the scope and relevant specification documents, it stated that Contractor needs to design and construct a RC structure of “not less than 20m long or otherwise approved by the Project Manager”. The Contractor submitted the design based on 20m long for approval.
But now there is a third party (future user) suddenly jumps in and requests a 30m long RC structure, where extra expenses and time for revisiting the design; and extra cost of construction arose.
The PM insists that the dimension is not fixed in Contract, and is subject to their approval, so it’s not a CE. But the Contractor is having a different point of view.
Should it be a CE of changing the works information (60.1(1)) and/or Others do not work within the conditions stated in the works information (60.1(5))? Since the minimum requirement of the structure has been changed.
Thank you