NEC ECC: Equipment costs for delay

NEC3 and NEC4 Contracts Compensation Events
1

If a compensation event causes a delay of 30 days to a section of work and a specific piece of equipment ( jack up barge) was required for a delayed task, the Contractor claims the costs for the equipment (jack up barge) during that period.

If however, the original submission showed that an alternative piece of equipment was going to be used for the delayed task, should we assume that the piece of equipment ( jack up barge) was not required to provide the works, and no delay costs are associated with it, even when the Contractor has changed their approach but did not notify their change in approach

Should the assessment be made based on what was known at the time of the CE and the information was available, ie the delayed task did not require the jack up barge? Or based on the contractors revised approach which they did not communicate?

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2

The time effects are assessed against clause 63.3 i.e. the Accepted Programme. This provides an incentive for the Contractor to keep it up to date both to reflect progress etc. and to keep the Employer / PM up to speed about their intentions.

By implication, the change in Defined Costs is therefore calculated in part against the effect on the Accepted Programme of the compensation event.

So, without knowing further details, it comes down to what was in the Accepted Programme at the time.