NEC ECC: Is a signed contract is not physically received by Contractor a CE

NEC3 and NEC4 Contracts Compensation Events
1

An ECC NEC3 contract Option A has been signed by both parties and executed. Although the Contractor was spoken to and told that this was the case a copy of the signed contract did not get issued to him until 2 days after signing.

The contract start date was on the date of signing.

The Contractor has raised an early warning saying this will delay the mobilisation and long lead items.

The access dates to the site are not affected.

He is claiming that this is a compensation event and will delay the works thus leading to additional cost.

Does the non receipt of a signed contract give cause for a CE or have any specific affect under the NEC3?

2

From the Contractor’s view, they have to demonstrate that it is a compensation event i.e. satisfy one of the events listed in 60.1. Perhaps the Employer did not provide something he / it should have done in the Accepted Programme ?

Regardless, having passed this hurdle, they then have to demonstrate the effect. Without more details, not sure how I can be more helpful.

3

In short, this is nonsense! BUT next time, as a matter of good practice, I suggest you scan the signature page and send it by email to show contract is properly completed and C is good to go.