I am working under an NEC3 Opt E Contract, and we (Contractor) are currently rectifying Defects in the Defects Period during a series of pre-agreed access dates. The Employer has not provided access to site to allow the Contractor to rectify Defects, and therefore the Contractor has incurred the cost of standing down the supply chain for that shift and associated supervision costs.
My queries are:
- How does the NEC3 deal with Compensation Events during the defects period, if at all?
- Could a CE be raised under 60.1(2) even though we do not have an accepted programme showing the defects works?
- Under an Option E, it is generally only time which concerns the Contractor when dealing with CE’s, so how would we recover the defined cost for the delay caused by the Employer during the defects period under an Option E, as it’s all disallowed cost to the Contractor when rectifying Defects during the Defects period.