NEC3 ECC: Interpretation of clause 64.2

Core clause 64.2 provides the Project Manager with the facility to use his own assessment of the effect of a compensation event on the remaining work subject to one of two criteria.

The first criteria being that there is no Accepted Programme. This is understandable in that it encourages the agreement of an Accepted Programme.

The second criteria refers to two situations. These being that the Contractor has not submitted a programme or alterations to a programme for acceptance as required by this contract.

My understanding is that the only programmes that are submitted for acceptance are those submitted under clause 31 and subsequently 32.

The first situation of the second criteria is understandable in that it encourages the ongoing agreement of an Accepted Programme.

The second situation referring to “alterations to a programme” seems to relate to programmes submitted under clause 62.2. However are programmes, or alterations, submitted under clause 62.2 in support of a quotation actually submitted for acceptance?

If so this would imply that when accepted it became the Accepted Programme (11.2(1)).

Can you please clarify what is intended by the second criteria (bullet point).

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Under clause 65.1, first bullet if the PM agrees with a quotation, then he or she “notifies his acceptance of the Contractor’s quotation”. So if compensation event affects time to some extent, the the quotation should contain the alterations to the Accepted Programme in it (as per 62.2).

So if it does not then the PM should assess the time element.