NEC3 ECC: Payment of an agreed acceleration quotation

When is a Contractor paid for acceleration once a clause 36 quotation is agreed(accepted) by the Project Manager? Would it be at the next assessment of PWDD after the quotation is accepted even if they are several months from carrying out the acceleration measures themselves? Also assume this would be treated as “another amount” rather than being added to the activity schedule for option A/C?


This is a good question as there is no statement within the acceleration procedure of clause 36 which addresses this directly.

However, in both the option A and C options, clause 36.3 states that in accepting the acceleration quotation, the Project Manager is accepting the accompanying revised programme i.e. at a minimum timings will change even if that just involves bringing in more resource. It is likely that methodologies within an operation (made up of activities) will change, if not the overall programme sequence.

Given this, I think it is logical to say that the Contractor is changing “a planned methodology at his discretion” (after all, he does not have to supply a quotation for acceleration and, if he does, he can charge what he likes) which is the trigger for changing the Activity Schedule as per clause 54.2.

Ideally, this changed Activity Schedule would be agreed in parallel with the acceleration quotation.

So, in answer to your question :

  • under option A, the payment would be certified following the Contractor completing the revised activity in the revised Activity Schedule.
  • under option C, the payments would be certified based on forecast Defined Cost to the end of the next assessment interval, regardless of what the revised Activity Schedule says