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NEC3 ECS: Which clause should a Subcontractor claim under when issueing an NCE for disruption

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The Contractor has also instructed the Subcontractor to ramp up and significantly increase its workforce however the only areas that the Contractor has made available to the Subcontractor are incomplete and unchecked.

The Subcontractor has limited areas available to lay his cables and completes significantly less works every day than he would normally expect. In addition the Subcontractor cannot combine activities i.e. he cannot complete 4 installations per day as the only installations available a too far apart to be combined.

The Subcontractor wishes to issue an NCE as he believes he has been disrupted by the Contractor.

Which clause should the Subcontractor refer to within the NCE as there is no disruption clause under the NCE process.
asked Feb 17 in NEC3 Compensation Events by Iain  
   

2 Answers

+1 vote
Ian, there is no specific CE for disruption. Disruption is a potential consequence of a CE so you need to consider what the actual cause is eg has there been a change in the Subcontract Works Information.

Receiving an instruction to "ramp up" could be a change to the SWI but you need to identify the cause not the effect.
answered Feb 17 by dave bates (5,050 points)  
+1 vote
As Dave says - you cant claim for general disruption or prolongation. You need to ascertain what event caused your planned Completion to move, and notify under one of the reasons within clause 60.1 that that thing was a compensation event. Once agreed it is one, you can produce a quotation which would include prelim type costs for planned Completion moving.
answered Feb 17 by Glenn Hide (30,630 points)