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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: Loss of Opportunity Claim

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In short - NO.

The Contractor's quotation is not in accordance with the clause 63 requirements for assessing a compensation event and as such the PM should either instruct the Contractor to submit a revised quotation or make his own assessment (clause 62.3).

Presuming you accept that this is a compensation event (was delayed start due to one of the events listed under clause 60.1?), then the Contractor has to prove the impact of the delayed start on his resources in terms of Defined Cost and planned Completion.

See also clause 63.4 which limits the Contractor's rights under the contract in respect of compensation events.  He could attempt to bring a common law claim, whether it would be successful or not would make some interesting case law.

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