NEC 3 Option B SC - Main Contractor Provisions

NEC3 and NEC4 Contracts Compensation Events
1

We are the subcontractor on an NEC3 option B highways project. We were stood down from a shift which we had already committed resources to on the basis that Traffic Management could not be established due to high winds (not a 1 in 10 year event). In reaction to this, I raised a CE notification under 60.1(3) as traffic management is to be provided by the Main Contractor under the terms of our contract.

The response I have received is “strong winds are not a CE under an NEC contract” and therefore they have not accepted it, but have confirmed they will pass this on to their client.

The notification wasn’t really in relation to weather conditions, but rather that they have not provided something which they are supposed to by the dates in the programme. Please advise my best course of action for recovering the cost of the stood down resources.

Thank you.

2

Strictly for the situation to be a compensation event under 60.1(3) the provision of traffic management (for that shift) would need to be shown on the Accepted Programme. If it is shown then the clause applies and it’s a compensation event and I would submit a new notification.

Another strategy may be to consider notifying under 60.1(2) but again this depends upon the Accepted Programme.

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