We placed a contract around 4 weeks ago on NEC4 ECC Option A and have just received a draft Programme for Acceptance. This shows an 8 week slip against all the Key Dates and Completion Date. I am just trying to work out our best course of action and remedies available to us. Unfortunately we have not included X5.
Our overall priority is to complete the works on schedule as we do have some budget available through savings made through negotiation and tendering process. A back shift is available that could be used to accelerate the work, but the Contractor’s tender was not priced on utilising this time.
Although I indicated to the Project Manager that 25.3 sets out our sole remedy, my thoughts are that we should, following a risk reduction meeting, instruct the Contractor to utilise the back shift but not raise a Compensation Event Notification on the basis that, under 61.2 ‘the event arises from a fault of the Contractor’. Would you agree with this approach or should we agree a CE and then recover the ‘additional cost in carrying out the work’ under clause 25.3?