Earlier this year, our colleague, Angel Dominguez wrote for Civil Engineering Surveyor on the analysis of delay in NEC contracts. The piece examines a number of recent cases to reach the courts and the interpretation of clauses in the NEC form of construction contract.
The following extract is the opening to the piece, follow the link below to read the full article on the CICES website:
The NEC form of contract promotes a prospective approach to demonstrating entitlement to additional time. It prescribes a detailed procedure for programme management, requiring the programme to be regularly updated to reflect the current status of the works. When an event occurs its forecast impact on the remaining works can be isolated and assessed. However, even once the actual impact is known, the contract still mandates a prospective approach to assess time. This can create a disconnect between the contractor’s original quotation, and what actually occurred.
The NEC Approach
In NEC, change is managed under core clause 5 compensation events (CEs). A contractor can notify a CE as one of the events listed in the contract (clause 60.1)…
Read the full article here.
