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Single or Multiple Calendars for NEC3 Option A contract

4 replies [Last post]
Andrew Raw
User offline. Last seen 2 years 15 weeks ago. Offline
Joined: 1 Aug 2007
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Dear all,

I'm working on a construction contract where the client are insisting the contract programme should have one calendar. The clients planner has even suggested that the NEC contract requires it to be this way. Has anyone come across this in the NEC as I can not find anywhere calendars are discussed?

My main problem is that I represent the Civils contractor and during the summer months we would normally work 6 days a week 10-12 hrs a day. The default calendar would be 40hrs 5 days a week. Some of the other contractors / sub-contractors would only ever work 5 days a week. I can see how a single calendar could be used effectively to create an integrated programme for all construction works... As the principal contractor we are responsible for integrating all of the other contractors programmes and issuing to the client.

Has anyone come across this before?

 

Replies

Gary Whitehead
User offline. Last seen 5 years 25 weeks ago. Offline

If you're doing he civils, another thing to do would be to ask the client how he expects you to stop concrete curing over weekends, if you are not allowed to use a 7-day calendar.

Andrew Raw
User offline. Last seen 2 years 15 weeks ago. Offline
Joined: 1 Aug 2007
Posts: 9
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Thanks for your replys guys. As I thought the contract doesn't state anywhere that only one calendar should be used.

Gary Whitehead
User offline. Last seen 5 years 25 weeks ago. Offline

Andrew,

 

I am not aware of anything in the contract that requires the use of a single calendar, unless you have a relevant Z clause or something has been mentioned in the works information, or potentially certain calendars may not be allowed due to planning restrictions.

 

Indeed Cl31.3 implies you should be submitting a programme which "represents the Contractor's plans realistically". This can't be achieved with a single calendar.

 

Ask him why he wants a single calendar? The only benefit I can think of is if client is reviewing pdfs of the programme, and can't do this properly if he doesn't know which calendar an activity is using. -but this can be overcome by just displaying the calendar description in the activity table. If the client is made aware of the difficulties it will cause you, he should be co-operative.

 

If the client insists on being difficult (and wrong), it's a CE under either Cl60.1(1), or Cl60.1(9). Include costs and time impacts of restricting your working period to a 5 day week or whatever.

Mike Testro
User offline. Last seen 36 weeks 1 day ago. Offline
Joined: 14 Dec 2005
Posts: 4418

Hi Andrew

Ask him where in the contract it states that only one calendar can be used.

Check also in the NEC guidance books.

A proper programme cannot be restricted to just one calendar.

Best regards

Mike Testro