NEC ECC: Entitlement to savings made by meeting the Target Contract Completion

NEC3 and NEC4 Contracts General
1

I am involved with an Option C project where a target programme was set by the Main Contractor which was some 5 weeks shorter than the Contract Programme, we and other subcontractors completed their works within the target programme duration. However one subcontractor did not and as a result we have incurred additional costs in supplying logistics labour and other services which we would not have had to supply had they met the target programme.

Our prices like others were based on everybody buying in to the target programme at tender stage.

Do we have any recourse to claim the additional costs for the five weeks?

2

As you are not in contract with the other Subcontractor, the answer is ‘No’ from the other Subcontractor.

However, you may have some recourse from the main Contractor if they did not provide something to you by the time stated in the Contract Data, namely access dates, which would be a compensation event.

There is a however to the however though and that is you might now be time-barred from notifying the compensation event if it is more than seven weeks since it happened.