Expert advice in minutes not days. Register it's free and ask your first question now.
  • Register
ReachBack is our free community help desk for construction professionals. A library of high-quality questions from real users with answers delivered and curated by a panel of industry experts.

4,143 questions

4,307 answers

482 comments

33,960 users

Register its Free

Download here

NEC3 ECC: delay assessment with no accepted programme

0 votes
188 views
The Contractor has submitted a quotation for a CE and included a current accepted programme to show the delay caused, the concern is, is that at the time of the event there was no accepted programme (CL 31), therefore the PM will have to make the assessment.
My question is which programme to use, there had been a number of CL31 programmes issued but rejected for the correct reasons, so should the PM use the accepted programme closest to the CE, which in this case would be 1 month ahead of when the CE was issued, adjust (reduce) the percentage completion against activities to the point at which the CE was issued and then adjust the CE affected activates to show the delay on the date of the planned completion or use a programme that coincides with the time of the CE whether it was rejected or not.
Ant guidance would be appreciated.
asked Jan 5 in NEC3 Compensation Events by Dawsy (190 points)  
   

1 Answer

0 votes
There is a big fundamental problem if there is no Accepted Programme in place at all. Clause 50.3 should have been used to withhold 25% often Contractors payments until such time that the first programme was accepted.  

If there really is no accepted programme the PM has to try to make their own assessment based on their view of how the events unfolded. In simple terms, the PM should assess where the Contractors programmed works were up until the point the compensation event was instructed or notified. They should assess where the Contractor’s planned Completion was at this point. Then they can introduce the compensation event and logic link it/reschedule the programme to see what further effects that now has on planned Completion. If there is an effect then Completion date should move by that amount, if not then there is no time affect to be considered (only direct Defined Cost).

Both Parties should have recognised the importance of an Accepted Programme and worked together to make sure that it had been achievable during the life of the project. In your example I would use all of the Contractors programmes to work out your own view on where they were before the CE, and where they ended up after assessing the CE.
answered Jan 6 by Glenn Hide (27,780 points)