NEC3 ECC: Option A.
Under the acceleration clause 36.3 - Why is there no requirement to submit a new Activity Schedule when agreeing to acceleration ? Surely the prices of the remaining activities have risen due to the additional labour required to meet the new earlier completion date ? or it is that the quotation is only for the extra over (ie the acitivity schedule remains the same but the accepted quote is for the additional resource required to meet the new date) ?
Whilst your quotation for acceleration will take account of the impact of it on your works and programme, from a commercial point of view it’s treated separately, like a compensation event. If the PM accepts the Contractor’s quotation it is in effect added to the Activity Schedule, then if any of the circumstances at clause 54.2 occur you would be able to submit a revised Activity Schedule to the PM for acceptance.
When preparing your quotation be mindful that if you provide a single lump sum Price for acceleration it will only be paid when you have completed the acceleration. You may therefore want to break the quotation down into a number of lump sum Prices so that you can recover the cost of accelerating in-line with your expenditure on the same.
Hi Neil under Option A would the accepted quotation for acceleration be paid regardless of achieving the earlier Completion Date
Hi Dave, I believe it would yes, the PM and Contractor have effectively done a deal where the Contractor will do their best to achieve the earlier Completion Date however the Contractor has not guaranteed that it will be achieved. The Employer has the same rights in respect of the accelerated Completion Date that applied to the original Completion Date, i.e. liquidated or unliquidated damages depending whether X7 has been used.