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Answered: NEC ECC: Have submitted a design for a floor which Works Information was non-specific about in its type. Employer is now considering marble

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If the polished concrete design complies with the WI and the PM does not accept it, then it would be a compensation event under clause 60.1(9). If the Employer via its PM insists on a marble floor, then they should instruct a change to the Works Information which would be a compensation event under 60.1(1).

Included in the quotation would - without knowing the details - be the re-design, the increased cost of marble and any delay and disruption caused by the late change of mind.

If the PM believes that the initial Works Information was clear enough for it be a marble floor, then ask for an instruction to do marble. That would still be a compensation event as it is a change to the WI, but the PM would say it does not change your Defined Costs as you should have allowed for it. If you still can't get him to change his mind, then ultimately it will result in adjudication.

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