Hi,
NEC PM here.
4 Year Framework, currently at end of Year 4.
We have noticed that a Contractor has changed their -% adjustment from -35% (Year 1 & Year 2 ) down to -15% for Year 3 & Year 4. The original tender for the Framework was at the -35% but looking at CD2 return for Year 3 & Year 4 it has been amended down to only -15%.
a) Is the Contractor allowed to amend?
b) If they are not, can a negative CE be put in place to adjust/recoop the value where CE’s were agreed at the incorrect adjustment?
Thanks
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You say this is a framework. What does the framework say about this? If the framework CD2 has 2 rates in it then that is the end of the story.
If the framework is silent, there is nothing stopping the Contractor from changing the % adjustment in later contracts under the framework. The Employer would need to be alive to that in assessing prices.
On your second question, once a CE is implemented it is implemented. If errors are later discovered you do nothing about it. This is logical; whether you are Contractor or Employer you had your chance to get it right.
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Thanks Andy.
Fair to say then that whether or not they could or couldnt its too late now!