Hi
I know it’s good practice to have one, but can you accept a CE without having an impacted programme?
One of the contracts on my project has become very messy and trying to demonstrate impact of change difficult, the PM is considering agreeing CE without an impacted schedule. I have advised you can as long as there’s agreement between parties, but just confirming.
Thanks
James
The Contract requires that you ‘submit details of the assessment with each quotation’ in Cl 62.2 (assuming unamended ECC). The normal interpretation of that is that you should have an impacted programme, or a statement that there is no impact on the programme.
I would suggest that you can decide what the ‘details of the assessment’ which are appropriate in each instance are. Impacted programmes are popular - for good reason - but if the circumstances mean a different approach is better then I don’t see an NEC problem.
@James_Parker just to build on Andy’s answer you are right that you can do this by agreement, however the agreement must be in accordance with clause 12.3 and be between the Client and Contractor as the PM does not have power to agree variations to the contract.
Alternatively the PM could state an assumption about the CE that there is no delay to the Completion Date (and Key Dates) and that the programme for remaining work is not altered by the compensation event.
This would allow the matter to be assessed at a later date, although the only problem with this could be where the PM does not accept that there has been any delay or impact to the programme.