HV Switchgear Design Change: contractual entitlement
The formal entitlement analysis for CE-009: the contractual basis, the facts relied upon, the impact on Defined Cost and the Completion Date, and the supporting evidence.
- Project
- Crestfield Distribution Centre, Warrington
- Contract
- NEC4 ECC Option A · £3,814,200
- Reference
- CREST-ES-CE009 · Rev 1
- Period
- Period 7 · May 2026
- Prepared by
- BuiltAI Intelligence Ltd
- Status
- Awaiting PM assessment
Illustrative example: fictional project and parties.
The contractual entitlement
The Contractor is entitled to a change to the Prices (clause 63.1) and to the Completion Date (clause 63.5) under clause 60.1(1). The Project Manager gave an instruction (PMI-047) which changed the Scope by replacing the specified 11kV ring-main unit (Schneider RM6) with a 33kV switchgear panel (Schneider MCSET), together with the associated civil base, cable-trench and termination works.
The facts relied upon
- Original Scope.
Works Information Part 2, Section 4.3.1 specified an 11kV ring-main unit (Schneider RM6 or approved equivalent).
- Trigger.
The revised DNO connection agreement DNO-CRE-2026-044 (18 March 2026) increased the incoming supply from 11kV to 33kV.
- Instruction.
PM instruction PMI-047 (24 March 2026), signed R. Whitworth (Alder Cost Consultants), changed the specification to a 33kV MCSET panel.
- Awareness and early warning.
The Contractor became aware on 24 March 2026 at 14:22; an early warning was issued on 25 March 2026 (clause 15.1) and acknowledged the same day.
- Notification.
The CE was notified on 26 March 2026, 2 days from awareness, within the 8-week window of clause 61.3 (which expires 19 May 2026).
- PM response.
The PM responded on 28 March 2026 (clause 61.4): the CE was not disputed, and a quotation was requested.
- Quotation.
The quotation was submitted on 8 April 2026 under clause 62.3, 10 days ahead of the 18 April deadline.
- Reply period.
The PM's two-week period for reply expired on 22 April 2026 (clause 62.6) without an assessment. The PM requested further information on the DNO witness-testing lead on 12 May 2026; the Contractor responded on 14 May 2026. The assessment remains outstanding.
Impact on the Prices and Completion
- Cost
- +£43,039 change to the Prices: Defined Cost assessed using the Schedule of Cost Components (£38,600), plus the Fee at 11.5% per Contract Data Part 2 (£4,439). By component: plant and materials £18,400, subcontracted civils £8,200, people £2,800, equipment £4,400, charges £4,800.
- Time
- +1.5 weeks change to the Completion Date, on the critical path. The 33kV panel needs a DNO-attended witness test with a 4-week booking lead, against 2 weeks for the 11kV arrangement, partially mitigated by re-sequencing. Accepted Programme Rev 6 (14 March 2026) shows HV commissioning at Week 38; Rev 7 shows Week 39.5. No float is consumed.
The clause 62.6 position
The PM did not reply to the quotation within the two-week period (clause 62.6), which expired on 22 April 2026. The Contractor's position under clause 62.6 is reserved and documented, but is not operative and is not relied upon: no deemed-acceptance notice has been issued, and CE-009 remains recorded as submitted and awaiting the PM's assessment. The Contractor responded cooperatively to the PM's 12 May information request on 14 May 2026 to preserve the commercial relationship.
Supporting evidence
See the Evidence Bundle Index (EBI-CE009): 10 items, EV-009-01 to EV-009-10, completeness verified 10/10. They are PMI-047; the DNO connection agreement DNO-CRE-2026-044; the Works Information Part 2 §4.3.1 extract; Schneider quotation SC-2026-1147; civil works estimate CE009-CIV-01; the Programme Rev 6 and Rev 7 extracts; the early warning; the CE notification and PM response; and site photographs of the existing 11kV installation.