NEC ECC: Weather clause taken out but other CE occurs

Question

On an NEC option A contract; the weather CE 60.1(13) has been removed from the contract but a CEN occurred which then pushed the earthworks operation out on the accepted programme from the summer months to winter months.

Now the original earthworks has now been delayed because of bad weather, Does this then warrant a CEN because?

Answer 1

No it doesn't warrant another CE - this winter working risk should have been included within the original CE. There is no mechanism to notify a new compensation event.

Your only chance here would be to by agreement get them to see that the original CE did not price that risk and see if they have any sympathy (as they equally did not asses it either) but contractually there is no other remedy for you. It is important that any CE looks at the obvious direct cost but also any wider affects including any additional risk for cost or programme.