Hi
I’ve looked at a couple of other topics such as here and here but haven’t quite seen my query answered.
Referring to ECC Cl. 63.1, I have a query about the “work not done” component of this clause. Just to recap:
Cl. 63.1 The change to the Prices is assessed as the effect of the compensation event upon
• the actual Defined Cost of the work done by the dividing date,
• the forecast Defined Cost of the work not done by the dividing date
• the resulting fee
For a simple variation say (and a dividing date being when the instruction for additional rebar was issued, say), additional rebar in a specific location where the rebar had already been fixed, the first component would (I believe) be the cost of abortive works associated with untying or amending rebar that was fixed already (effect of the compensation event on existing rebar work), the second compnent would be the cost of the “work not done”, being tying the additional rebar itself (correct me if this not the way it works) i.e. the Work (associated with the additional rebar is finite and a known quantity) and thus the work not done is equally well defined.
Alternatively if there are (say) adds and omits from the rebar instruction (CE) then would I be correct in saying these equate to work done and work not done?
However where I struggle is when it comes to CEs such as e.g. a severe rainfall weather event (the type and signal-severity of which is included as a CE e.g.). The effect of the weather event (CE) on the “work done” by the dividing date might be cleaning up, so you can then go back to work, would that be correct?
OK, so what then is the effect of this particular type of CE on the work not done and how do you forecast what is not done (i.e. how far does the forecast go), if any? Essentially for this type of CE all the work after the CE is “not done”, so you have to fall back on to the “effect of the compensation event” on the work “not done”. Would it be correct in this instance to state that there is no effect at all on the work not done as the CE can only impact the works you have done?
If it affects e.g. a Tower Crane operation, would its non-operation (until fixed) fall under “work not done”? I would see it as still being part of the first element “work done”, because setting up and commissioning the crane is work done that has to be redone; is that a correct interpretation?
Hopefully someone can understand my (probably rather poor) explanation of what I perceive to be the difference in the types of CE that are operated on by Cl. 63.1 and can expand on the examples I have given.
Thanks a lot!
Kind Regards
Kristian