ECI X22 Managing Changes to Stage 2 Before the Notice to Proceed

NEC3 and NEC4 Contracts Secondary X, W and Y options
1

Whilst the ECI allows for changes to Prices and Accepted Programme, and to the Scope where that change is as a result of Contractor design, it does not seem to allow for a change to be made to the Completion Date or to the Scope generally for Stage 2 which might arise from changes or events that come to light during Stage 1. As ECI doesn’t apply, we believe these changes must follow the compensation event process under the normal core clauses.That works for Stage 1 matters, but not for Stage 2 matters that are discovered in Stage 1 as there is no notice to proceed yet, so nothing against which the CE can be implemented.

It seems a risk to implement CE’s for Stage 2 without a Notice to Proceed. So therefore you could end up with a number of CE’s as soon as the Notice to Proceed is given.

How should changes to the Stage 2 Completion Date and Scope be made under Stage 1?

2

Here’s how I’ve addressed your valid criticisms (& there are others): write additional clauses !