NEC Acceleration Instruction Clause

NEC3 and NEC4 Contracts
1

Under an NEC3 Option A the Employer has amended Clause 36.3 to include the ability to make an assessment and instruct the contractor to proceed.

In this case, they have made their own assessment showing a reduction in prelim costs. They have then instructed the “acceptance of this quote” by making their own assessment (I acknowledge the contradiction of words… their words, not my mine).

Despite the wording above, they have instructed this citing Cause 29.1. Clause 29.1 is not listed within the contract.

My understanding is if they are instructing Acceleration they should instruct and issue a Compensation Event citing both 60.1 (4) and Clause 36.3.

Is this understanding correct?

Thanks.

2

Not sure if the Employer’s wording in additional clause 36.3 says anything different, but generally (in the unamended form) I don’t think there is any requirement to notify a CE - acceleration as described in clauses 36.1 - 36.2 is an agreement to bring the Completion Date earlier, together with any changes in the Key Dates.

The error in citing clause 29.1 should be corrected, but I don’t see much use if you wish to rely on it. It’s best to notify an early warning to highlight it.

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