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NEC ECC: Can the PM supply specification of an EW / new works information writen on an email?

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The PM supplies a EW with extra works but does not supply full specification. Contractor asked for more info. Since then there been various emails. 1 has information on about the EW spec. This was missed by Contractor. Should this information been put on a revised EW from PM
asked May 25 in NEC3 and NEC4 Contracts by J (300 points)  

1 Answer

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There is so much wrong with this question in terms of how the contract has been followed/understood. Here area few simple NEC rules to follow:

1. an early warning should be notified for something that COULD be an issue on the project so the Parties have a chance to discuss it and see what actions should be taken to avoid or minimize its effects. If something IS already an issue or is a change to Works Information then that should be notified as a compensation event.
2. when notifying a compensation event it should be clear on what the Contractor is being asked to do, and any elements that would be unclear or difficult to quantify can be ring fenced by Project Manager assumptions under 61.6 which can then be revisited if found to be different. CE process then followed to a conclusion in terms of quotation/assessment/implementation.
3. any notification contract requires has to be in a form that can be read, copied and recorded and separate from any other form of communication. Emails are not wrong - just not the best form of communication so everyone is clear on what has been instructed.
4. the use of an online management tool (e.g. FastDraft) would help to make sure that the flow of communications are documented and clear and not missed in email trails.
answered May 25 by Glenn Hide Panel Members (74,820 points)