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Under an NEC 3 Option A the Employer fails to provide detailed working drawings.

+1 vote
99 views
Under what NEC Clause should a contractor request additional drawings that have sufficient detail required to enable construction of the works from the PM.

If the Employer then fails to provide detailed working drawings is this a CE under Clause 60.1.3
asked Feb 21 in NEC3 Compensation Events by John Scullion   2
   

2 Answers

+1 vote
Good question.

My suggestion would be to raise the matter as an early warning (its a matter that could delay Completion).

Clause 60.1.3 applies where the Employer fails to provide something he is required to provide and does not provide it by the date shown on the accepted programme.

If it was always the intention for the Employer to provide additional drawings after award and he has not done so by the programme date then yes it is a CE. It does however seem strange that this was the intention.

It seems more likely that the additional drawings would be a CE by way of being a change to the Works Information however I would need a clearer understanding of the specifics of the contract.
answered Feb 21 by dave bates (5,130 points)  
+1 vote
I would suggest you deal with this as an ambiguity under Clause 17.1.  The PM is then obliged to respond within the period for reply and if he doesn't, that would constitute a CE under 60.1(6).

60.1(3) would only come into play if it was identified at an early stage that further drawings would be issued, and the date for doing so was shown in a programme which had been accepted by the PM.
answered Feb 22 by dave meller (940 points)