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NEC ECC: Can an "unexploded ordanance" event for a few hours be accepted as a CE under NEC?
I'm currently working on a project where we are using NEC3 Option C. We have had a few UXO events and the Contractor has raised CEs for these events. My question is ,are these CEs acceptable since the delay was only for a few hours and presumably will not extend the programme?
Should we ask the Contractor to provide evidence that these events will affect the Completion Date for these to be accepted as CEs?
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Depends on any Z clauses you have and what information was in the Site Information as to whether this would be a compensation event or not. If it fits a reason for being a CE within clause 60.1 (probably 60.1(12) assuming this was not in Site Information) then the Project Manager should respond with they agree it is a CE and request a quotation, for which they can go on to assess the time and cost effects of this event within that quotation.
Any Defined Cost they can prove they have incurred/will incur would be recoverable as a compensation event. At the same time they should consider what effect his has had on planned Completion. If none there is no time entitlement to assess. If it has impacted planned Completion, then Completion Date would move by the same equivalent amount once the CE is implemented. The Contractor should submit a programme with the CE quotation to justify any claim for moving planned Completion and the inclusion of any "prelim" type costs within their quotation.
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