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NEC ECC Option E: De-scope of work and dead time due to Access

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Scenario:

Contractor A’s scope of work in Area 1 is due to be complete in March.

Commencing works in Area 2 (planned for March) is driven by Contractor A’s receipt of key design information by Contractor B (another of the Employers Contractors). As a result of a delay to the availability of this design information by Contractor B, the Project Manager is exploring the option of transferring Contractor A’s scope (in Area 2 only) to Contractor B so to not extend Contractor A’s planned completion.

Contractor A’s access to Area 3 is not planned until June, accordingly, if the Project Manager pursues this scope transfer of works for Area 2, there will be a 2-3 month gap whereby no works can be carried out by Contractor A until Area 3 is available.

Under an NEC Option E ECC, what is the extent of the saving the Employer would expect ? Can the Employer expect a reduction in prelims ? What is (if anything) recoverable by the Contractor ?

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