NEC4 ESCS - Contractor Delay

The Contractor is reporting a 20 day delay to the Completion Date. This is due to multiple reasons (not weather related), and the Project Manager and Client agree to the request, at no additional costs.

The delay may have been mitigated, or the Contractor could have programmed this better, however due to circumstances the Client agrees with the request, hence not apply delay damages.

Under which CE can this be instructed, 60.1 (1), 60.1 (11) or xxx?

Kind regards

This isn’t really how the contract should be operated. The Client does not instruct a compensation event (CE), it would only have an obligation to notify a CE if it is one of they are responsible for notifying. Most of the CEs are the Contractor’s obligation to notify.

If the Contractor feels that they’ve been delayed due to a CE they should notify this as such and in doing so should state which CE under clause 60.1 they are notifying of. It’s not for the client team to decipher this for the Contractor. If the circumstances that have occurred are a CE then the Contractor is entitled to cost and time. The Parties are entirely free to agree no cost however CEs are the Clients risk and as such the Contractor is entitled to additional costs if it can prove they have been incurred.

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