NEC ECC Option A - Unfortunately the Contractor engaged/appointed their haulage subcontractor much later than their programme milestone - and now they have notified a Prevention Event because Highways England have told their haulage subcontractor that they cant use a specific route for delivery of transformer equipment, therefore causing delay and potential additional costs. I have told them if they appointed the haulier as per their Programme it may have mitigated this issue altogether - and also problems with route, etc do not constitute a prevention Event under the Contract. Advice please?
Hi Richard, without knowing all the background it certainly doesn’t sound like a prevention event but is it one of the other compensation events under 60.1? When an event is notified by the Contractor it is not their obligation to point the PM to which event it is under clause 60.1, it is the job of the PM to decide under 61.4 whether it is one of the events stated in the contract.
I would be checking the Scope to see what was said in it about the Contractor’s responsibilities in this matter and also whether they have already made agreements with Highways and what was shown on the Accepted Programme.
With Prevention, the test is very onerous. You have to have been stopped. So a task could become more difficult, cost more, need more materials and take longer, with none of those things being the fault of the Contractor. It still doesn’t mean you were stopped.
Like @stevebrownassociates, I struggle to see how this can be prevention unless National Highways (as Highways England now call themselves) have the only route to the site, which would be surprising.