ECC April 2013 [unamended].
Day 100 - The Contractor issues an early warning notification to the PM stating that it is impossible to commence programme activity A [drain run X to Y] as the Employer designed Works Information is silent on trench width.
The Accepted Programme shows that activity A is planned to commence on Day 107 and is a critical path activity on a linear programme.
Day 121 - PM gives an instruction changing the Works Information - trench width 600mm.
The period for reply in the Contract Data is 2 weeks.
The Contractor’s quotation for the Cl 60.1(1) compensation event includes and assessment of the cost of the time delay from day 100 to day 121 as the delay is solely a consequence of the change to the WI.
The PM believes that there are 2 compensation events to be assessed [subject to notifications]. He alleges the delay to be a Cl 60.1(6) compensation event and the quotation should only include a cost of delay of 1 week as the 2-week period for reply is Contractor’s risk. He then states that effect on Defined Cost of the CWI cna only be assessed as the effect after the Cl 60.1(1) event occurred.
Please note that the Accepted Programme stated does not contain an activity that states the Employer was to provide the designed trench width so a cl 60.1(3) does not apply.
Do you agree with the Contractor’s approach or that of the PM?
Thank you for this facility.