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NEC ECC: Delay in Contract Award

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How does a Contractor protect themselves from delays in the Employer awarding the contract?

For example; a Contractor identifies a completion date in contract data part 2 but then the Employer takes 2 months to award the contract.

Presumably the Contractor would be entitled to notify a CE in accordance with 60.1(2) provided the access date had been identified in CDP1? If so, what are the implications if an access date had not been identified?

Also, is the outcome affected by whether or not a programme is identified in CDP2?

And lastly, is it good practice for a Contractor to identify a completion date as X no of weeks after the starting date as opposed to specifying a date?
asked Oct 18, 2019 in Contract Data by Jon Graham (140 points)  

1 Answer

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If there is a delay to Contract Award - the effects of this should be agreed and ant dates revised accordingly BEFORE the contract is signed. Technically, this is not a compensation event as it is not in the list within 60.1. I have seen by agreement that it is dealt with as a CE but then that will be subject to PM assessment, so much better it is agreed mutually before the contract is signed.

Nothing wrong with having Completion Date "X" weeks after starting date, but much better to have both defined as if starting date is not defined and it is just a contract period, the price will depend upon which month they start in as it may be worse or better weather.
answered Oct 18, 2019 by Glenn Hide Panel Member (87,180 points)