NEC ECC: Responsibility for works by Others

Question

Works Information states we have to liaise, accommodate and provide traffic management for Others (in this circumstance Stats diversions) but are not given the construction lead in period and on site programme. We are not requested to provide a programme with our tender submission but (stats apart) would expect to complete a contractual 30 week project in 25 weeks. What happens if eventually Stats take 25-30 weeks (inc lead in) or worse they run over the 30 weeks (therefore LDs).
Where it states ‘no qualifications’ how do we ensure we are covered if we price only 25 weeks accommodation and TM. Because our contract in essence finishes at 25 weeks can we ‘get up and go’ as Others are not contractually our responsibility.

Answer 1

The stats people under the contract are 'Others'.

Put them in your programme with reasonable periods given what you do know. If the PM wants you to change this pre-contract based in better information, then that would need to be reflected in your Prices.

If they clarify/ change it post-contract signing, then it would be a change to the Works Information.

If the stats people don't work to the timescales in the programmes, it will be a compensation event. Providing you have done what the Works Information requires in terms of  liaising, accommodating and providing traffic management, the delays will not "arise from your fault", so you should get compensation.

Comments

Thanks Jon, my concern however is if you don't have to submit a programme with the tender, only to find exact durations when you prepare your first accepted programme (after award). If their advised period is then found to be 6 weeks longer than your original forecast how can you prove a CE if no programme was submitted at tender.

---

You say "you don't have to' submit a programme with your tender, but there doesn't seem anything to stop you i.e. reference it from Contract Data part 2 and on-signing the contract it becomes the Accepted Programme. If the PM/Employer does not want it referenced, then they have to positively ask you to take the reference out before signing. That it is an opportunity for discussion if nothing else.