NEC ECC: Delay to Planned Completion - Cost

We have a CE which relates to a PM instruction to use a particular paving material. There has been a delay to the deliveries of this material which has resulted in the Contractor not being able to start the paving element of the works on the date in the Accepted Programme. The quotation for the CE includes delay to planned Completion, which the Contractor is claiming prelims for, and states that he believes the delay has already happened so the cost of these are now due. The claimed for prelims have been actively engaged on other elements of the works throughout the time, the original planned Completion date has not been reached and there have been no days of no activity due to this CE.

The PM has requested a quotation for bringing in additional paving squads to catch up the paving element of the works so that planned Completion does not need to move out. Can he do this or is he effectively asking the Contractor for a quotation to accelerate? The PM believes that the cost of additional paving squads could be less than the Contractor’s prelim costs.

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In accordance with clause 62.1 the PM can discuss different ways of dealing with a CE. One of these ways could be to explore increasing resources to mitigate delay this is not the same as acceleration.

When assessing the CE quotation the contractor should factor in the risk associated with increasing resources, not less the availability of such resources, the disruption that may be incurred and any additional supervision etc.

The contractor should also check the programme to ensure the mitigation is feasible.

There is an important point here as to sequence and timing which is not entirely clear to me from the question. I think the sequence is 1) PM instructs use of particular material, 2) Contractor adjusts to order that material, 3) Contactor submits a quotation, 4) delay is incurred, 5) PM suggests increasing resource.

If that sequence is correct then I think we really have a CE (change in materials) and a request to accelerate. If the PM suggestion of increasing resources were earlier in the sequence I would agree with Dave but if it comes late then it is more complicated.