NEC ECS: Deemed acceptance under NEC3 (Clarification)

I should clarify when I say acceleration. Firstly the Subcontractor was denied access to site for a long period. The subcontractor submitted quotations for this, however the Contractor has not responded or accepted these. Subsequently the Contractor instructed a new Completion Date, however does this mean the Subcontractor Completion Date is not being accelerated as the Completion Date has not changed through acceptance of the initial CE’s for delayed access?

That being said, Clause 60.1(4) in the contract states 'The Contractor gives an instruction to stop or not to start any work or to accelerate the Subcontractor works to achieve Completion before the Subcontract Completion Date or to change a Key Date. ’ which is why the Subcontractor followed the CE process in this instance.

Again - further areas of not following the contract, but this certainly does not now appear to be a question about acceleration.

The Subcontractor should have stated that the lack of access was a compensation event and get agreement from the Contractor that it was one. Then the Subcontractor can issue a quotation which the Contractor should respond to with acceptance/non-acceptance. If the Contractor does not reply to the quote then the Subcontractor can notify them in writing of this non-response. After a further period of three weeks the compensation event would be “deemed accepted” which means both cost and time effects are by default now agreed as per the quote.

You stated that the Contractor “instructed a new Completion Date” but this can only be done as part of the acceptance or self assessment of an individual compensation event. They should have assessed the lack of access CE and agreed the additional cost as a result, and also the direct effect on the Completion Date as a result.