NEC3 ECC: Increased resources to mitigate delay

Under an NEC3 Option C, the Contractor increased resources to mitigate risk of delay to planned Completion. A CE occurred where numerous activities were delayed but only one activity was programmed for the period in the latest accepted programme, is the Contractor entitled to be compensated for the delay to all activities?

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If the Contractor had changes their method of working prior to the compensation event then this should be taken into account. The Contract does say you use the latest Accepted Programme to assess a compensation event, but it does not say you ignore progress and other things that have happened in the meantime - particularly when the last Accepted Programme was several months old.

Having said that if the CE does not affect the other activities then there is nothing to claim for, and the Contractor is obliged to mitigate (but not obliged to ‘accelerate’). You assess the impact of this CE upon planned Completion, and if it is affected then proceed accordingly.

I have written an article in the NEC newsletter of which a link is copied here going into more detail as why contractually I believe this has to be the case: