Delays Resulting To Increased Cost But X1 IS Not Included

NEC3 and NEC4 Contracts
1

I am working on a contract that has staff rates in CDP2. We’ve incurred significant delay caused by the Client.

We don’t have X1 in our contract but have tried to apply BCIS to the staff rates to account for the inflation we have suffered due to the project being extended out considerably.

The Client is pushing back saying we need to stick to the contract rates and not apply BCIS. Is there any way to recover the inflation we have had when there is no X1 in the contract as we were not at fault for the delays?

1 Like
2

You haven’t stated which Option this contract is.

However, if delay has been caused by the Client then you’d look to recover losses by means of a CE, under which you’d seek to recover forecast Defined Cost. In such scenario you could argue, demonstrably i imagine, that the SoR in CD2 are N/A.

1 Like
3

Apologies. NEC 4 Option A.

1 Like