Quantcast
Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
Viewing all articles
Browse latest Browse all 3204

Answered: NEC3 ECC: Assessing extention of time entitlement from "incorrect" programme

$
0
0
Mike, This is a really good question, and I agree with Glenn that the contract is not specific enough.
But I do think that there are a few clauses that suggest that  you do need to take account of progress(and errors) since the last programme was accepted up to the date that the compensation event arose:
1) Clause 63.3 " A delay to the Completion Date is assessed as the length of time that, DUE TO THE COMPENSATION EVENT, planned Completion is later than....." This clause is suggesting that you need to assess the delay due to the compensation event,  and the only way to do this is to adjust the Accepted programme for all other changes first.
2) Clause 63.7 states that "Assessments are based on the assumptions that.....any Defined Cost and time due to the event are reasonably incurred..."
3). Clause 63.1 states that changes to the Prices are assessed using "actual Defined Cost of work already done", and "the forecast Defined Cost of work not yet done" and the clause also specifies a dividing date between work already done and work not yet done. Therefore this clause almost implicitly requires that the Accepted programme needs to be updated with actual progress up to the dividing date before the effects of the compensation event on the work not yet done can be calculated.

Viewing all articles
Browse latest Browse all 3204