Revising Implemented CE's

This is a general post to gain others opinions on the wording in clause 65.2 in the NEC3 ECC contract.

Clause 65.2 states that an assessment of a CE is not revised if a forecast it is based on is later shown to be incorrect. However, clause 63.1 states the assessment is based on actuals up to the instruction / notification. Therefore, what if the actuals were wrong either by mistake or otherwise? The wording in 65.2 does not appear to prevent the assessment to be revised in this instance.

Does this mean that the only time an implemented CE cannot be revised is when the forecast is wrong? and any errors in the actuals can be revisited.

Hi, the words in NEC3 are not precise, read literally it is easy to imply what you suggest but in the case as you describe it, what other provision of the contract allows the assessment to be revised and re-implemented?

As most CE assessments are intended to be based on a forecast I think the drafters would argue that they were trying to finalise the assessment by ruling out reassessment if the forecast was found to be wrong but clearly they should have been clearer and ruled out all circumstances.

If you read the Guidance Note on this clause I believe the intention of the drafting panel is clear, “The only circumstances in which a review is possible are those stated in Clause 61.6” [PM assumptions].

My view is, to be able to revise the assessment you must first find the provision in the contract that allows it to happen rather than rely on the imprecise wording of 65.2.

NEC4 has changed the wording and made a clear statement about reassessment.