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NEC ECC: Option A PM failure to Accept a Programme / Respond within Time frame

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Question relating to the accepted programme, from a contractors point of view. We're on a project and anticipating the PM to be late in accepting a programme due to it being controversial.

The programmer is pushing us to notify a CE relating to the PM failing to reply to a communication within the time frames as soon as it is late.

However, if accepted as a CE, I'm not sure from a defined cost point of view what impact the compensation event would have and what items would typically be included in a quote for the CE.

Any advice would be welcome.
asked Sep 4 in Compensation Events by JohnQS (140 points)  
Your best course of action is to send an Early Warning to the Project Manager about the programme not being accepted within the correct time frame, you should also request a risk reduction meeting.

Regarding your point about the Defined Cost, there probably isn't any.

You want to get your PM in the room and make this 'controversial' programme non-controversial. Best way to do that is to discuss..

1 Answer

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That is the problem with NEC3: what is the effect of the compensation event if the PM fails to respond in time ? And it is why in NEC4, they introduced the "treated as accepted provision" if the Project Manager does not respond within the 2 weeks and then a further one week after a reminder notification from you.

Having said that, if the PM does not get back to you, then it gives you some strength in any argument when you wanted an action by the PM, Employer/Client or an Other and the PM does not explicitly rule it out by not accepting the programme. You then proceed on the basis that they will and the PM then informs you that you want get the access, information, Employer supplied item etc. by then. As a result, you say 'I have now incurred this cost etc.'

If the above is equates in some way to your situation, you should still give an early warning if you are not going to notify a CE.
answered Sep 4 by Jon Broome Panel Members (57,180 points)