NEC3 ECC, Assessment on delay to Activities - Option A

NEC3 and NEC4 Contracts Contract Data
1

The Contractor instructs the Subcontractor not to stop work, but to Store their completed work in a third party off site storage facility. This is due to the Contractors own delay and non availability on Site.

The Subcontractor obliges with the request and subseqently provides a Compensation Event that is agreed.

Whilst the Compensation Event Activity is not 100% ie still in Storage, The original Activity is complete. Should the Contractor assess the original Activity that is complete at 0% and the now in storage as 0% ie not delivered to Site. Ultimatley, I understand that this impares the Subcontractors cashflow.

2

I would suggest that the most equitable solution would be for the Contractor to pay for the completed work either by certifying the activity or the group of activities the work is in (assuming the other items have been completed) or by advising the Subcontractor to submit a revised Activity Schedule (this would allow the subcontractor to redistribute “the money”).