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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC ECC: Can the non-availability of a product due to a mis-communication between manufacturer and supplier lead to a compensation event under Clause 60.1(19)

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No - 60.1(19) is for pretty extreme force mejeure type events of which this is hardly one of them. This certainly doesn't sound like it should be the Employer liability for this issue. I assume there was a good reason for not accepting the equivalent product i.e. it did not meet requirements of the Works Information (Scope under NEC4).

Just a point of note in your question - this will have initially resulted in a delay to planned Completion - Completion Date only moves if you agreed that it was a compensation event and subsequently it was implemented accordingly.

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