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NEC4 ECC: Reviewing a delay due to CE - when should the delay be applied?

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I am reviewing a CE for a delay. The delay is for an area of work that cannot be accessed. The duration of the contract is 50 weeks and the delay is for 14 weeks. Should the CE and the content be assessed on the delay being in the middle of those 50 weeks or should it be assessed as being 14 weeks after the 50 weeks? (which is when the work will be completed in this area)

The difference will be if the CE is reviewed as of being in the middle of the works now, all prelims will need to be paid, if its after the 50 weeks 85% of the works will be complete and the people costs etc will be much lower.
asked Aug 28 in Compensation Events by jim.lockwood (160 points)  

1 Answer

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It should be applied at the point it will be applicable. If you are going to deny access for 14 weeks which will delay the remaining works the CE would be for the next 14 weeks moving out the original works and the planned Completion by 14 weeks. If you are instructing additional works that will involve 14 weeks additionally at the end then the 14 week delay is at the end. Where ever it is applied, you assess the impact upon planned Completion and the direct cost that will be incurred.

If the delay means the whole project team will be on site delayed for 14 weeks (and the Contractor can not mitigate in anyway) then it will be the full 14 weeks prelim costs that should be included. If it is 14 weeks extra at the end when the prelim cost will already be lower as the resources and site cabins would have been depleted at that stage then the prelim type costs included within the CE quotation will be less in comparison.
answered Aug 28 by Glenn Hide Panel Member (77,050 points)