Our Contract is NEC3 Option A with additional clauses allowing a reduction in prices for omitted works instructed by the PM
The PM has accepted a quotation for additional work in 2 areas. The work was completed in area 1 but found not to be required in area 2.
PM has since only valued a proportion of the implemented CE within the account. When challenged that the implemented CE changes the Prices and therefore he should be valuing all of the implemented CE, he proceeded to issue an instruction omitting the work and requesting a quotation under 61.1. (Additional clauses added to Contract allowing for a reduction in Prices). This instruction is over a year after the work would have been carried out if it had been required.
This was provided as per Cl 63.1. This assessment did not take into account the back up to the originally implemented CE quotation
PM has rejected the new quotation for the omitted work stating that it bears no resemblance to the original quotation.
My view is that this is similar to using the Activity Schedule to assess a compensation event (i.e. only by agreement) and that the PM cannot reject the quotation for this reason.
Other than Adjudication, are there any other remedies available to me?
The PM has accepted a quotation for additional work in 2 areas. The work was completed in area 1 but found not to be required in area 2.
PM has since only valued a proportion of the implemented CE within the account. When challenged that the implemented CE changes the Prices and therefore he should be valuing all of the implemented CE, he proceeded to issue an instruction omitting the work and requesting a quotation under 61.1. (Additional clauses added to Contract allowing for a reduction in Prices). This instruction is over a year after the work would have been carried out if it had been required.
This was provided as per Cl 63.1. This assessment did not take into account the back up to the originally implemented CE quotation
PM has rejected the new quotation for the omitted work stating that it bears no resemblance to the original quotation.
My view is that this is similar to using the Activity Schedule to assess a compensation event (i.e. only by agreement) and that the PM cannot reject the quotation for this reason.
Other than Adjudication, are there any other remedies available to me?