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NEC3 ECC: Compensation event that changes access dates

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My query relates to where the contract sets out procedures for changing access dates as a result of a compensation event. Example is:

X5 is a selected secondary option.

There are 3 sections (1/2/3), contract data sets out that section 2 access date immediately follows the completion date of section 1, the same relationship exists between the completion of section 2 and access of section 3.

As such if a critical delay is incurred in section 1 of 4 weeks, then all other things being equal, section 2 and 3 access dates will be delayed by 4 weeks and so the completion dates will be extended by the same period.

Under say an Option B, Cl 65.4 makes it clear that the implementation of the compensation event includes changes to the Completion Date within the notification however it does not mention changes to the access dates.

My concern would be that once the above example is implemented would it leave the PM exposed to a CE later down the line under 60.1(2) or can the access dates also be changed within the implementation process.
asked Jan 5 in NEC3 Compensation Events by Kieran   1
   

1 Answer

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Not too sure if there is a problem here. If there is a compensation event pushing out section 1 by four weeks, then that has a knock on effect to the completion of sections 2 and 3 and the overall planned Completion will be delayed by four weeks, and the cost implications of this included within the compensation event for the initial four week delay. Once that compensation event is implemented, the Contractor can move the overall Completion Date by four weeks and planned Completion/Completion Date will be aligned at that point. On that same programme the Contractor will also be moving the access dates for sections 2 and 3 by four weeks as that is the new logic in the programme. Once the Project Manager accepts that programme, the later access dates are now the access dates that are being worked to, and it is only if these latter dates are exceeded that there will be any other resultant compensation event.

There would however be no harm in mentioning in the implementation of the CE (for the avoidance of doubt) that Completion Date is now X (four weeks late) and that the two access dates are now Y and Z (as per the Accepted Programme).
answered Jan 6 by Glenn Hide (26,280 points)