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NEC ECC: Can the non-availability of a product due to a mis-communication between manufacturer and supplier lead to a compensation event under Clause 60.1(19)

+1 vote
Under an NEC Contract (Option A) a named product (or equivalent) was specified in the Works Information.
According to the Contractor a miscommunication between the manufacturer and the supplier lead to the delivery date being missed and resulted in a delay to the Completion Date of 3 weeks. In order to mitigate this delay, the Contractor proposed an equivalent product but this was not accepted.
Is this a Clause 60.1(19) Compensation Event under?
asked Jul 25 in NEC3 Compensation Events by turleya (180 points)  

1 Answer

+1 vote
No - 60.1(19) is for pretty extreme force mejeure type events of which this is hardly one of them. This certainly doesn't sound like it should be the Employer liability for this issue. I assume there was a good reason for not accepting the equivalent product i.e. it did not meet requirements of the Works Information (Scope under NEC4).

Just a point of note in your question - this will have initially resulted in a delay to planned Completion - Completion Date only moves if you agreed that it was a compensation event and subsequently it was implemented accordingly.
answered Jul 25 by Glenn Hide (33,040 points)