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NEC ECS: Acceptance of TQ changing WI - CE

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ECS - Option A

A subcontractor raised a TQ with an element of design. The design could’ve been adhered to but they proposed 2 alternatives with differing fittings. The design engineer (not PM) accepted one of the proposals from the TQ. The proposal was constructed and has since caused a bigger issue, meaning a solution has to be put in place. The Subcontractor is now treating this as a compensation event.

A few questions:
1. Generally can a reply to a TQ lead to a CE? Even if it’s not from the PM/ or even a named person in the contract (albeit we, the Contractor, are the Principle Designer)?
2. In this case, is this knock on impact a CE to the Subcontractor?
3. Are we, the Contractor, under any obligation to accepted the TQ if it’s only value engineering for the Subcontractor, and not knowing the full / knock on impacts.
4. Should we have followed the TQ response up with an instruction from the Project Manager, to instruct a change in the WI and therefore a CE?

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