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NEC ECSS; How is a CE assessed under the Short form of Contract?
A Subcontractor signed up for short form of contract for some simple works. Then an instruction was given for some increase of scope which was not part of the original.
However, due to bad weather, they were being stood down.
There is no CE clause for short form of contract, do they entitle to anything?
Are they entitle to the whole stand down cost?
Or should it be assess as 1 in 10 weather event?
Or they don't get a penny?
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Under the short contract the Contractor takes the risk for weather up to a "ceiling" level idenified within clause 60.1(10). If the Contractor is prevented working for a full day, and "which are in total more than one seventh of the total number of days between the starting date and the Completion Date" then this would be a compensation event. if not, then it is Contractors risk. However, this being a compensation event the Contractor would have been able to include an assessment of risk which is theirs under the contract (63.6) which would include weather up to the threshold identified in 60.1(10).
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