Does the issue of a revised Programme by the Contractor constitute an Early Warning under the contract if it shows a forecast delay to the Completion?

NEC3 and NEC4 Contracts General
1

Should a specific EWN also be issued concerning the Delay, or is the issue of the programme alone enough to satisfy the contract requirements?

2 Likes
2

In simple terms I would say no.

In a similar way if you include a compensation event on a programme, that does not be default mean you have notified. Clause 13.7 states that any notification that this contract requires has to be communicated separately from any other form of communication. Clause 16.1 uses the word “notifying” when it comes to early warnings.

In any case, i think I would rather get the message across twice than not at all.

3

Totally agree with Glenn’s comments. Clear notification of early wanrings is an essential part of the active risk management of the contract.