NEC ECC: Remedial options of dealing with a Contractor who does not perform using the NEC3 ECC

The sanction within the contract is in clauses 64.1 and 64.2 whereby the Project Manager has a contractual obligation to start assessing compensation events if the Contractor does not submit a programme for acceptance when they should do or it is not accepted by the Project Manager for a reason stated in the contract.

Given that the PM will :

  • naturally be more pessimistic about the assessment - but still needs to be impartial - than the Contractor about the value of any compensation event and
  • will not necessarily be aware of all the effects of the compensation event (not helped by having an out of date &/or inadequate programme
    these are highly unlikely to be as much as the Contractor would submit.