Use of CECA Rates in CE's - Pricing Omission's

NEC3 and NEC4 Contracts Compensation Events
1

NEC4 Opt A - Under the SSCC, the Contractor is entitled to use CECA Schedule of Dayworks when pricing equipment within CE’s.

The Contractor is pricing a CE where scope has been omitted. The Client has made an assessment on this CE and applied CECA rates to descoped work which has caused considerable financial loss as a result as the Contractor did not price the original works using CECA rates.

The Client is saying CECA rates are used for both additions and omissions, although if this is the case, it doesn’t seem fair that the Contractor is at a loss as a result of using increased rates in comparison to defined cost. Is the Client correct in their assessment of the use of CECA rates in this instance?

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The rules in SSCC apply - you use the published list. So yes, the Client is correct.

Presumably you will also be using the published list for anything where scope is added, so if there is an unfairness there it applies in both directions.

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