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Answered: NEC ECC: Change to Works Information / CE

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It is not clear from your question if the “core report” has been issued as revised Works Information, ie the previous WI showed a different pavement section, or if the report was issued as revised Site Information or just for information.

If it was the first, a change in WI, then you should notify the matter as a compensation event. If it is one of the others then, assuming it is an Option B contract, you should check the Method of Measure to see if the BoQ is required to differentiate between different materials to be milled. I suspect it doesn’t but if it does then raise a compensation event for an error in the BoQ (60.6).

Failing either of the above, I would suggest that you raise a compensation event under 60.1 (12) for physical conditions. You will have to justify that the hard material was not foreseeable based on the information available at time of tender – see clause 60.2.

Hope that helps.

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