The Contractor was requested to accelerate the Key date for a site build for the Employer cl 36.1
Following a compensation event 60.1 (1), a price was accepted changes were implemented.
After monthly Contractor programmes, and issues with the Contractor, the Project Manager issued a compensation event before the revised key date, to rescind the acceleration Compensation Event. Whilst the Contractor has provided some resources and costs on the initial instruction, the dates did not seem doable given their programme and the time.
Can the Project Manager take this action on the basis that the adjusted dates would not have been met and revoke the event and cost impact? I ask as the Contractor is stating that costs are incurred as a result of the initial instruction and that revoking the acceleration 60.1(9) is incorrect.
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David, Happy New Year.
I think there is a confusion here; acceleration is not a CE process. Following the quotation request and acceptance by the PM in accordance with cl. 36.1 as you correctly say, the Key Date should have been changed - see cl. 36.3. If this was done, there is no mechanism, in my view, for the PM to “revoke” the change to the Key Date.
Unless you have a heavily amended NEC contract, I’m not sure how the implemented CE brought forward the Key Date; the Key Date, in the same manner as Completion, can only be pushed back. I also do not understand under which clause was the CE in question “rescinded” - cl. 60.1(9) refers to withholding of an acceptance.
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