NEC4 Option A Third Party Design Review

NEC3 and NEC4 Contracts Compensation Events
1

Contractor submitted a critical document to the local council for approval. The council have now confirmed there will be a delay to the response. The document approval is on the critical path of the accepted programme and the contractor has issued a CE to the client claiming this delay affecting cost and time.

The contractor is working under NEC4 Option A.

My query is what Compensation Event would this fall under as it’s nothing to do with the Client but the local council. Should the Client pay for a delay caused by the council?

Thank you

2

I haven’t got the standard Compensation Event list to hand, but i would suggest this would fall under 60.1 The Employer or Others do not work within the time shown on the accepted programme. I imagine approvals from local authorities would be included in your programme, so you can demonstrate the change. Therefore if you can demonstrate you have incurred a cost as a result of the delay, then the Client should compensate the contractor.