NEC ECC: Historic Accepted Programme Incorrect

ECC Option A:

A historic Compensation Event arose (say for eg. CE005) and was notified in accordance with the contract. The CE was implemented and the Prices and Completion Date was changed accordingly.

Further CEs arose say for eg. CE006, CE007 and CE008 and were all implemented and the Prices and Completion Date changed accordingly.

As the project progressed and following implementation of the above CEs it became apparent the effect on the completion date due to CE005 was incorrect as 3 activities had been omitted from the programme by the Contractor (and would have been on the critical path) which formed part of the WI and the Employer also missed these when assessing the CE.

What course of action can the parties now take to correct - bearing in mind all the assessments of the effect on the programme due to CE6,7 and 8 needs to be revisited.

Could a compensation event be raised to correct under 60.1(17)?

There is no mechanism to revisit an implemented compensation event. The idea is you agree the CE and move on - it would massively change the risk profile to both Parties if any CE could be reassessed at any stage if a “mistake” has been identified (and you would need a new definition as to what constitutes a mistake!)

It is a bit like a referee decision in football. They make a decision and that is it, no way of going back - but please note this answer has been written pre-VAR (video assistant referee)!!