# NEC ECC: Instructed works carried out in a different calendar month?

**URL:** <https://reachback.builtintelligence.com/t/nec-ecc-instructed-works-carried-out-in-a-different-calendar-month/5202>\
**Category:** Main options\
**Created:** [1 August 2019 19:48 UTC](https://reachback.builtintelligence.com/t/nec-ecc-instructed-works-carried-out-in-a-different-calendar-month/5202 "2019-08-01T19:48:45Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Hemen\_Wong](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/hemen_wong/32/100_2.png) [@Hemen\_Wong](https://reachback.builtintelligence.com/u/Hemen_Wong)\
**Post date:** [1 August 2019 19:48 UTC](https://reachback.builtintelligence.com/t/nec-ecc-instructed-works-carried-out-in-a-different-calendar-month/5202/1 "2019-08-01T19:48:45Z")

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On an asset refurbishment contract under the NEC4 ECC using Option A, the Project Manager instructs a change to the Scope. The change is for some additional works. These works are likely to be carried out in January and the Contractor has allowed for night-time working. The Contractor submits a quotation which is inclusive of an allowance for anticipated poor weather, night-time working and the Fee. The Project Manager accepts the quotation.

In fact, the work is carried out in March, during the day and also during a spell of fine weather. From records the approximate Defined Cost plus Fee for this work was 60% of the quotation.

a. How much should the Contractor be paid for the work, what are the relevant provisions and could the Project Manager have managed this differently?  
b. How much would the Contractor be paid for this work if it were under an Option C contract instead?  
c. If the additional works are carried out before the compensation event is assessed, is the Contractor paid a reasonable sum for the additional works in the next assessment?

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**Author:** ![Jon\_Broome](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/jon_broome/32/192_2.png) [@Jon\_Broome](https://reachback.builtintelligence.com/u/Jon_Broome)\
**Post date:** [2 August 2019 07:57 UTC](https://reachback.builtintelligence.com/t/nec-ecc-instructed-works-carried-out-in-a-different-calendar-month/5202/2 "2019-08-02T07:57:57Z")

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This sounds too much like an exam question for us to answer…

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**Author:** ![ansonwong.work](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/ansonwong.work/32/64_2.png) [@ansonwong.work](https://reachback.builtintelligence.com/u/ansonwong.work)\
**Post date:** [31 May 2021 04:02 UTC](https://reachback.builtintelligence.com/t/nec-ecc-instructed-works-carried-out-in-a-different-calendar-month/5202/3 "2021-05-31T04:02:22Z")

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Can you only advise how could the Project Manager have managed this differently?

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**Author:** ![dave\_meller](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/dave_meller/32/55_2.png) [@dave\_meller](https://reachback.builtintelligence.com/u/dave_meller)\
**Post date:** [2 June 2021 08:34 UTC](https://reachback.builtintelligence.com/t/nec-ecc-instructed-works-carried-out-in-a-different-calendar-month/5202/4 "2021-06-02T08:34:21Z")

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As Jon has already indicated, this forum does not exist to answer exam questions. If you were paying attention on the course you should be able to work out the answer for yourself.