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.

4,161 questions

4,324 answers

491 comments

34,083 users

Register its Free

Download here

NEC ECC: Compensation Event without an accepted programme

+1 vote
96 views
A Compensation event occurred form an access date & a programme had been submitted to the PM for acceptance. Acceptance of the programme took almost a month due to compliance with the relevant provisions of clause 31.2/32.1. How then do we proceed in assessing the CE?
asked May 24 in NEC3 Compensation Events by anonymous  
   

1 Answer

+1 vote
Here is an area of the contract that NEC3 contracts don't prescribe too well what should happen. Contract is clear you use the last Accepted Programme to assess compensation events, but what is less clear is if you can/should take into account other things that have happened since the last Accepted Programme. There are clauses that intimate this but for me not clearly enough. Unpicking the clauses, you should take into account progress and other compensation events that you know about before the relevant compensation event was instructed/notified. To put more simply:

1. take last Accepted Programme
2. update with actual progress and other compensation events that have occurred prior to this new compensation event being instructed/notified
3. reschedule to see what effect (if any )that had on planned Completion
4. then feed in compensation event and see what further effect (if any) that has on planned Completion. Any movement at this point (i.e. between steps 3 and 4) is the entitlement in moving Completion Date  

Here is  link to a relevant article which will explain in more detail:

https://gmhplanning.co.uk/publications/which-programme-to-use-when-assessing-compensation-events/
answered May 24 by Glenn Hide (28,020 points)