We have recently had a CE quote agreed and implemented. The PM left a note to confirm the number of days work that had been assumed the work would take.
We completed the activity 3 days quicker than we priced it at. The PM is now wanting this time gain as a saving from us
Is this correct? Surely it is the contractors gain on an Option A?
We did some extra bits while we were there that we weren’t going to charge for but we are now inclined to raise additional CE’s to cover the time. The job overall was completed in exactly the time as was planned and priced so by knocking this time off the already implemented quote means we have done the work at a loss despite us finishing on time and completing work outside the scope as a goodwill gesture
Assuming NEC4 ECC, if the PM has implemented the CE then the change to the Prices and Completion Date have taken effect and there are limited circumstances in which they can be changed: (1) dispute or (2) correction to an assumption stated by the PM.
For the second circumstance to occur firstly the PM needs to have stated an assumption and then notified you that it was wrong, both in accordance with clause 61.6. Assuming this to be the case it triggers a separate CE under clause 60.1(17) which the PM has a duty to notify you of under clause 61.1. Again, assuming these things have happened you need to submit a quotation following the rules at clause 63 - 63.1 deals with the change in Prices which presumably would be a reduction and 63.5 deals with the delay of which there will be none. With a correction to an assumption the Client benefits from the cost (if its a reduction) but not from the time.
If you stand to lose money you should attempt to recover this via a separate CE as the extra bits sound like further changes to the Scope.
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