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NEC ECC: Option A Priced Against A ProvidedActivity Schedule

+1 vote
140 views
As sub-contractor we priced on a provided activities schedule. The main Contractor has since extended the scope of works and doubled our work and time on the project.

Is this claimable as a compensation event?
asked Apr 5 in NEC3 Compensation Events by Vamp  
   

2 Answers

+1 vote
As Neil has said - if this is a change to Works Information then this will be a compensation event and you should follow the notification/quotation/assessment/implementation processes within section 6 of the contract.

Just a separate word of warning though. Option A assumes that you the subcontractor produce an activity schedule. Errors in the activity schedule are the subcontractors liability, as if the Works Information says install "X" and you have not priced for it then you have to do it but will not get paid. The fact that your Contractor produced the activity schedule does not transfer that liability to them. If there were things missing you should have pointed that out/added them. Hopefully that is not the case here - but one to be mindful of for future contracts.
answered Apr 5 by Glenn Hide (28,020 points)  
0 votes
This sounds like it would be a compensation event under clause 60.1(1) change to the Subcontract Works Information.

You should notify the Contractor under clause 61.3 explaining why you believe you should be compensated (time and money) for the event(s).

Once the principle has been accepted by the Contractor you can then deal with the amount of time and money due by way of a quotation under clause 62.1.
answered Apr 5 by Neil Earnshaw (5,800 points)