It sounds like both parties are applying a JCT approach to a NEC!
There are no other provisions for dealing with change in the NEC other than compensation events so all "claims" must be related to a reason at clause 60.1 so in your situation you must demonstrate that either the Works Information changed under clause 60.1(1) or that the quantity changed at clause 60.1(13). NEC contracts do not provide for separate loss and expense or delay and disruption claims, compensation event quotations must therefore factor in all cost associated with the event.
Clause 63.1 explains how you assess the cost impact of the compensation event "by multiplying the changed quantities of work by the appropriate rates in the Price List". If there is no appropriate rate in the Price List then the assessment is based on Defined Cost plus Fee. You would need to demonstrate that the rates in the Price List are not appropriate to justify not using them. Also you haven't mentioned the effect of this omission of work on planned Completion, if you're now going to be on site for a shorter duration then the Defined Cost of your prelims would be reduced and you have no entitlement to be paid the full prelims or to recover the profit you anticipated making.
There are no other provisions for dealing with change in the NEC other than compensation events so all "claims" must be related to a reason at clause 60.1 so in your situation you must demonstrate that either the Works Information changed under clause 60.1(1) or that the quantity changed at clause 60.1(13). NEC contracts do not provide for separate loss and expense or delay and disruption claims, compensation event quotations must therefore factor in all cost associated with the event.
Clause 63.1 explains how you assess the cost impact of the compensation event "by multiplying the changed quantities of work by the appropriate rates in the Price List". If there is no appropriate rate in the Price List then the assessment is based on Defined Cost plus Fee. You would need to demonstrate that the rates in the Price List are not appropriate to justify not using them. Also you haven't mentioned the effect of this omission of work on planned Completion, if you're now going to be on site for a shorter duration then the Defined Cost of your prelims would be reduced and you have no entitlement to be paid the full prelims or to recover the profit you anticipated making.
