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Answered: NEC ECC: Is it incumbent on the PM to correct mathematical errors in a CE?

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Good question.

Both the Project Manager and the Contractor should be acting as stated in the contract AND in a spirit of mutual trust and co-operation (clause 10.1).

The clear intention of the contract is that a quotation is fixed once implemented (you refer to signed off) unless it was based on Project Manager’s assumptions. The recourse under the contract being adjudication.

If the PM has implemented the compensation event by simply accepting your quotation then you would have to consider what the dispute actually is and what question(s) you would pose. Is it that the PM should have instructed a revised quotation under 62.3 because the quotation was not assessed correctly.

If it was a genuine error on both sides then a joint discussion with the Employer may lead to a better solution with any agreement being recorded in accordance with 12.3.

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