NEC ECC: Programme and time risk allowance

Working under NEC4 we are suffering on-going delays to access dates and fragmentation of work areas. These are pushing weather sensitive activities into the winter months increasing the risk profile which will increase TRA and activity duration.

As the access dates are not yet finalised we have not yet assessed the final programme dates and subsequent TRA impact on activity duration.

If we submit a programme showing the known movement of the activity (as it currently stands) but do not increase the duration, is the client entitled to assume that the TRA and duration is not impacted if the activity takes place in that updated programme window preventing us adjusting time and cost at a later date once the CE is assessed?


Jon, I suggest that you ask the Project Manager to provide a Project Manager’s assumption as to when access will be provided. That will enable you to consider the new date(s) in both the clause 32 programme (assuming you have an accepted programme) and in the clause 62 programme to support the CE quotation. Should the new date(s) change then you will be able to raise a new CE to consider the change between the assumption date(s) and the revised date(s).

There has been some amendments to NEC4 in Jan 2019 (see 63.5) that now clarifies that when assessing a compensation event you consider the effects of the CE already shown in the programme. That means that if you have shown a programme with a four week delay, and then later can prove that it was down to a compensation event you have not missed the boat. However, these words were only added in 2019, and prior to that you only had the equivalent guidance note that got that same message across.

I agree with Dave that a Project Manager assumption would be good here to state when they should assume access would be given to allow you to reflect that on a programme including any change to TRA that you can justify.