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NEC ECC: Project manager not supplying all the information to complete the project.

+1 vote
A PC amount of 2000.00 was allowed for in the original BOQ for signage. The final amount when the project was completed was 50000.00. The project manager{PM} did not give the contractor  the signage information at the site handover but almost at the end of the contract and only a contact person at the clients office who will supply us with the relevant information. The contractor  then had to contact the client get the signage information , supply the drafts, getting the drafts  approved by the client supplying a new quote to the QS waiting for the compensation event ,order and install.  A early warning was send to the PM. The project manager requested a revised program during this process  that i could not give him because we did not have all the information regarding the signage on hand to give a proper time frame on our program. He started implementing penalties  as we moved over our completion date. Take note one other item on the project {fencing }was also completed late but finished together with the signage. My claim for additional time was rejected due to the PM implementing that the value for the signage does not reflect the time claimed for in conjunction with the project value. my claim for additional time was based on when the signage information was received until the signage was complete.  MY QUESTIONS: 1 Can i ask additional money for the PM work that i had to do to obtain the relevant information to do my work? 2. Can you reject a claim for additional time  due to the value of an item?. 3. What is the contractors rights according to ncc3 if a PC amount is allowed for in the original scope of works expands by 2500%. ? 4. What is the contractors rights according to ncc3  if he does not receive all the relevant information of an pc amount on site handover  that he could not indicate on his original program?
asked Aug 4, 2017 in NEC3 Time by anonymous   3 8

1 Answer

+1 vote
First of all prime cost sums should not be used in NEC. The Works Information should be sufficient to allow the contractor to plan and price his works. In answer to your questions

1) The provision of the signage information by the PM is a change to the Works Information and is therefore a CE for which you are entitled to assess your additional cost (Defined Cost change to the Prices) and additional time (change to Completion Date). Hopefully you will have submitted early warnings some time ago advising that the delay in receiving the information could cause delay to completion and increase to the Prices.
2) The assessment of delay should be based on the movement of planned Completion of the accepted programme due to the CE. The value of the CE is not a factor.
3) Under NEC Prime Cost items should not be used.
4) The contractor should indicate on his programme when he requires the outstanding Works Information and should, in my opinion, show a period(s) for carrying out the work based on an indicative duration agreed with the PM (for the purpose of the programme).
answered Aug 4, 2017 by dave bates (5,450 points)  
Two things to add to what Dave says :
1. This - "My claim for additional time was rejected due to the PM implementing that the value for the signage does not reflect the time claimed for in conjunction with the project value." - as in the PM's view as you have stated has absolutely nothing to do with what the contract says and is completely not in accordance with the contract.
2. From what you seem to say early on in the text, as you had little information about the extent of signage and when you were going to get the information, it becomes well nigh impossible impossible to do a programme for it ... which is why NEC does not have PC sums !!!