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Answered: NEC3 ECC: Where do you apply the effect of a event to the Programme when the Contractor did not execute the work as per the Accepted Programme?

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I think the real key to this issue centres around the obligations of 63.6 and 63.7 of the contract.

63.6 provides that assessments include risk allowance for contractor risks which have a significant chance of occurring. 63.7 then goes on to explain that all assessments (that is risk or otherwise) are based on the assumptions that the contractor reacts competently and promptly and that Defined Cost and time increases are reasonably incurred.

If you have a delay which is being generated or exacerbated by a contractor changing his sequence between Accepted Programmes then the 63.7 assumptions may well not be met and the assessment changed. In other words, it will be seen that the effect is not due to the compensation event but rather due to the actions of the contractor which do not meet the assumptions required.

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