1) First you seek that whether your Contract provisions allow such unforeseen event like strong winds or unprecedented rains or not?
2) If yes, then Contractor is entitled for extension of 6 days otherwise its discretion of Consultant/Employer to analyze and compensate these 6 days delays on factual grounds if this delay is justified?
3) Moreover you also seek that in Accepted Programme either such events included marginly in Contractors progamme or not?
I don’t have a copy of the NEC ECC Contract to hand, so I am shooting from the hip.
Is the Contractor claiming “delay” despite the fact that it is really “disruption” – I would doubt if a delay of only 6 days due to wind on a large petrochem project would impact the CP to the stage where you have a resultant EOT of 6 days.
And as for the cause – were the winds abnormally high? Even if not, I would suggest that a prudent contractor (or even an imprudent one) would allow for some float to take account of wind and weather conditions when involved in major lifts.
And the other cause you refer to – slow progress on site; who is responsible for that? Is it self-induced or exacerbated by the Contractor?
I am not convinced that your direct acceptance of the programme is required. The Accepted Programme is part of the original Contract, and it is to be updated to incorporate compensation events. If you agree to and approve a compensation event, then it follows that the time impact of the agreed compensation event will be folded into the revised accepted programme; in other words, your “acceptance” of the programme is a consequence of your agreement or revision to the compensation event. Remember, however, that the Contractor should take mitigation steps to reduce the impact of any compensation events. I suggest that you run a Schedule Impact Study to see to what extent (if any) this particular event has on the overall CP.
The Contractor is obliged to give an early warning notice as soon as he becomes aware of any matter which could increase the price, delay completion or impair performance of the contract works – and do be aware of your time limits!! Examples would include delays in access to some or all of the site; failure of the Employer/Client to provide materials or utilities on time; a force majeure event; delays by Employer/Client in providing drawings and/or instructions.
As far as showing Early Warning Matters (EWM) on a Revised Programme, it is unlikely that this would be shown as Milestone, since the impact of a EWM would be reflected as extended durations to a number of activities, and perhaps add in new activities. EWMs are simply known as Key Events in some other Contracts, and their impact is simply reflected in an updated programme.
As I say, I am shooting from the hip on this, and I hope that others will either add to, or correct, this post accordingly.
Member for
22 years 4 monthsRE: NEC ECC - Accepted Programme
1) First you seek that whether your Contract provisions allow such unforeseen event like strong winds or unprecedented rains or not?
2) If yes, then Contractor is entitled for extension of 6 days otherwise its discretion of Consultant/Employer to analyze and compensate these 6 days delays on factual grounds if this delay is justified?
3) Moreover you also seek that in Accepted Programme either such events included marginly in Contractors progamme or not?
Member for
21 years 4 monthsRE: NEC ECC - Accepted Programme
Ronald,
I don’t have a copy of the NEC ECC Contract to hand, so I am shooting from the hip.
Is the Contractor claiming “delay” despite the fact that it is really “disruption” – I would doubt if a delay of only 6 days due to wind on a large petrochem project would impact the CP to the stage where you have a resultant EOT of 6 days.
And as for the cause – were the winds abnormally high? Even if not, I would suggest that a prudent contractor (or even an imprudent one) would allow for some float to take account of wind and weather conditions when involved in major lifts.
And the other cause you refer to – slow progress on site; who is responsible for that? Is it self-induced or exacerbated by the Contractor?
I am not convinced that your direct acceptance of the programme is required. The Accepted Programme is part of the original Contract, and it is to be updated to incorporate compensation events. If you agree to and approve a compensation event, then it follows that the time impact of the agreed compensation event will be folded into the revised accepted programme; in other words, your “acceptance” of the programme is a consequence of your agreement or revision to the compensation event. Remember, however, that the Contractor should take mitigation steps to reduce the impact of any compensation events. I suggest that you run a Schedule Impact Study to see to what extent (if any) this particular event has on the overall CP.
The Contractor is obliged to give an early warning notice as soon as he becomes aware of any matter which could increase the price, delay completion or impair performance of the contract works – and do be aware of your time limits!! Examples would include delays in access to some or all of the site; failure of the Employer/Client to provide materials or utilities on time; a force majeure event; delays by Employer/Client in providing drawings and/or instructions.
As far as showing Early Warning Matters (EWM) on a Revised Programme, it is unlikely that this would be shown as Milestone, since the impact of a EWM would be reflected as extended durations to a number of activities, and perhaps add in new activities. EWMs are simply known as Key Events in some other Contracts, and their impact is simply reflected in an updated programme.
As I say, I am shooting from the hip on this, and I hope that others will either add to, or correct, this post accordingly.
Cheers,
Stuart
www.rosmartin.com