In this particular case NEC3 ECC Option C is used for prestressing works with unpredictable outcomes . If some occurrence happened due to undesirable prestressing results is that a compensation event or a prevention event?
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To be counted as a âprevention eventâ as you term it, it would have to satisfy the criteria in clause 19.
The wording used in clause 60.1 (19) as the last listed core compenstion event is identical to clause 19.
Given the identical wording in these two clauses, the âoccurenceâ would have to be a pretty unusual âleft-ballâ type event for it to be covered by clause 19 and a compensation event under clause 60.1 (19).
NEC3 contracts do not split out âprevention eventsâ as a separate item or process. The equivalent of a prevention event is covered as one of the standard 19 reasons for which a Contractor can claim a compensation event (60.1(19)).
60.1(19) is meant for events that stops the Contractor from completing the works (not delays) that would have had such a small chance of occurring etc.
I think this follows on from a previously asked question and the answer will be the same here. Whoâs risk will depend on what your contract says. Between the contract wording and the Works Information it should have made it clear whoâs responsibility/risk this particular item is. Just because it was not under your direct control does not mean that it is not your risk. This is why you need to be very clear as to what you are signing up to.
As with any compensation event you need to find a reason within clause 60.1 that makes it a valid compensation event, and if you cant find one it means it isnât one. The only good news here is that with option C this will in effect be a shared risk. Even if it is not a compensation event, it will not be a disallowed cost either. Therefore you will be able to claim the money spent but not raise the target. (if you can prove it is a compensation event you can obviously claim the money AND raise the target).