Claims under NEC - Building Contract Claims - page 405

. the Site Information,
. publicly available information referred to in the Site Information,
. information obtainable from a visual inspection of the Site and
. other information which an experienced contractor could reasonably be
expected to have or to obtain.

60.3 If there is an inconsistency within the Site Information (including the infor-

mation referred to in it), the Contractor is assumed to have taken into account
the physical conditions more favourable to doing the work.

60.4 A difference between the final total quantity of work done and the quantity
stated for an item in the bill of quantities at the Contract Date is a compen-
sation event if
. the difference causes the Actual Cost per unit of quantity to change and
. the rate in the bill of quantities for the item at the Contract Date multiplied
by the final total quantity of work done is more than 0.1% of the total of
the Prices at the Contract Date.

If the Actual Cost per unit of quantity is reduced, the affected rate is
reduced. (OPTIONS B & D)

60.5 A difference between the final total quantity of work done and the quantity
for an item stated in the bill of quantities at the Contract Date which delays
the Completion is a compensation event. (OPTIONS B & D)

60.6 The Project Manager corrects mistakes in the bill of quantities which are
departures from the method of measurement or are due to ambiguities or
inconsistencies. Each such correction is a compensation event which may
lead to reduced Prices. (OPTIONS B & D)

60.7 Suspension of performance is a compensation event if the Contractor exer-
cises his right to suspend performance under the Act.
61 Notifying compensation events
61.1 For compensation events which arise from the Project Manager or the Super-
visor giving an instruction or changing an earlier decision, the Project Manager
notifies the Contractor of the compensation event at the time of the event. He
also instructs the Contractor to submit quotations, unless the event arises from
a fault of the Contractor or quotations have already been submitted. The
Contractor puts the instruction or changed decision into effect.
61.2 The Project Manager may instruct the Contractor to submit quotations for a
proposed instruction or a proposed changed decision. The Contractor does
not put a proposed instruction or a proposed changed decision into effect.
61.3 The Contractor notifies an event which has happened or which he expects to
happen to the Project Manager as a compensation event if

. the Contractor believes that the event is a compensation event,
. it is less than two weeks since he became aware of the event and
. the Project Manager has not notified the event to the Contractor .

61.4 The Prices and the Completion Date are not changed if the Project Manager
decides that an event notified by the Contractor
. arises from a fault of the Contractor ,
. has not happened and is not expected to happen,