NEC ECC: Ambiguity in ECC and ECC GN on Clause 32.1

NEC ECC Clause 32.1 bullet two states that the effects of implemented compensation events are to be shown on the revised programme however, the guidance notes state that it should allow for any future events that the Contractor is aware of, whether they are compensation events or not.

What is the intention here? By their very nature, compensation events are known about before they are implemented and in one document we are told to programme for them when we become aware and in the other we are told to programme for them only when they are implemented.

Even more confusing for you will be NEC4 contracts that have deleted the line of showing implemented compensation events on a revised programme altogether!

The intention of 32.1 is that yes you do show the effects of non-implemented compensation events on each revised programme, but they can only at that stage move out “planned Completion”. Completion Date will not move until an associated CE quotation has been agreed and implemented, and at that stage the Completion Date can be moved on the next programme issued for acceptance.

If there has been a delay of two weeks due to say lack of access, you can show on the programme the effect of that delay as a CE showing planned Completion two weeks beyond the Completion Date. Completion Date can only move by the two weeks if and when the compensation event is implemented.