Hi, I was hoping you might be able to assist me with a query and where to refer to within the NEC Contract.
As an Employer Project Manager, who has to co-ordinate separate NEC contracts with two contractors, whereby one Contractor has Key dates (to complete certain parts of the works before the completion date) in order to allow the other Contractor in, what provisions of the contract can help co-ordinate the works whilst avoid unforeseen or additional costs?
I realise programme is key but wish to understand much more within the contract.
You have already identified the main element which is to set Key Dates within Contractor 1 contract to allow Contractor 2 through equivalent access dates to then programme their elements of work accordingly. Under clause 25.3 any cost incurred by the Employer in delaying Contractor 2 will be recoverable from Contractor 1 (unless reason for missing Key Date is a compensation event for Contractor 1).
Other than that I recommend careful scrutiny of each programme they issue for acceptance to ensure no potential issues. Outside specifically of the wording of the contract (but you could include within the Scope) you could hold regular programme interface meetings on site to make sure both Contractors know what each other are doing, raising and dealing with potential problems and working together for the common goal of achieving the contractual dates/requirements.
Any potential issues can be dealt with through the early warning process with again the intent is that problems are avoided or at least minimised.