NEC3 ECC: Early warning notices on the revised Programme

Thanks for the answer very useful.
Just picking up on the Early Warning issue; the Contractor appears to have included events which it recognizes will effect the programme but has not as yet been notified as a compensation event by either the PM or the Contractor himself. I believe the Early Warning reference is being used as it is the easiest method for referencing the activity on the programme. Is the Contractor correct in doing so?
Is it practical to show early warnings that are yet to be resolved on the programme and link them into activities that could be affected by the subject of the early warning? (e.g. where information is required by a certain date, which if missed could impact the planned Completion date)


The Contractor has to notify a compensation event within 8 weeks of becoming aware it is one, unless it is for an event that the Project manager should have notified. The fact the wording was changed in 2006 (omitting the words "show the effect of notified early warning matters) was to stop Contractors moving planned Completion due to potential events that may occur. The Accepted Programme is not the place for “what if’s”.

I would show early warnings on the programme, link it to the element it could effect and the resultant float would give an indication(only) as to the urgency of the resolution.

I don’t think it is “wrong” for using that reference at this stage, although it would be better to notify it as a CE if it IS now happening or going to happen and use that as a reference. To be honest, the most important thing is that both Parties are clearly aware of this particular issue, it is on the programme and on everyone’s radar. The liability of this issue can be sorted out separately through the compensation event process.

My slant as to whether the Contractor should show an early warning on a programme depends on the likelihood of it occurring :

  • if it’s 10%, the answers almost certainly not;
  • if above 80%, the answer is is almost certainly ‘yes’;
  • somewhere in between : have a discussion about it and what you are going to do about it i.e. a risk reduction meeting and then decide based on some established protocols
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