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Answered: NEC ECC: Continually Delayed Start Date

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If the postponed start date is not notified and the Employer simply fails to provide access then this would be a compensation event under clause 60.1 (2).  If this situation continues then notify an early warning to discuss options with the Project Manager.

If the postponement is notified prior to commencement, discuss with the PM the issuing of an instruction not to start the works under clause 34.1.  This would be a compensation event under clause 60.1 (4).

Where an instruction to not start the works continues for 13 weeks then the Contractor has the right to terminate under clause 91.6.  Clearly this would satisfy the 'substantial work' requirement.

During the period of 'suspension' all the usual contractual procedures continue including submission of a programme and the payment procedure.

Hopefully the situation would not simply be left for 13 weeks and a sensible way forward discussed and agreed.

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