I am currently working on a large petrochem project in South Africa, which is been run under the NEC ECC contract. One of the areas that I fail to understand is the acceptance non-acceptance of a programme submitted by the contractor.
The current situation is as follows:
The contractor has issued a revised programme for acceptance as per clause 32.2. In the programme the contractor is indicating a delay of 6 days, (planned completion overshooting the completion date). These delays are caused mainly due to strong winds not allowing the required lifts, slow progress on site etc.
Per clause 31.3, there is no reason why I should not accept the programme (or is there?). Should I accept the contractors programme with the 6 day delay, do the new set of dates become contractual? have I accepted the 6 day delay? or do I accept the programme as submitted and the issue the contractor with a Project Managers Instruction, requesting him to revise his programme showing how he intends dealing with such delay?
There are no pending CE’s awaiting acceptance or Early warnings requiring resolution. Time risk allowance of 5 days has been allowed but is poorly defined.
I would appreciate your view on this, and possibly if you could reference some of the clauses within the NEC with regards to change of completion dates, as my understanding is that only an implemented compensation event may cause a change to a completion date.
The other confusing issue is this. What is required to be shown in a revised programme with regards to "Early Warning Matters"? Are these to be shown as milestones within the programme? I understand actual progress, implemented compensation events, but not the early warning matters. What would a typical example of an early warning matter be?
The current situation is as follows:
The contractor has issued a revised programme for acceptance as per clause 32.2. In the programme the contractor is indicating a delay of 6 days, (planned completion overshooting the completion date). These delays are caused mainly due to strong winds not allowing the required lifts, slow progress on site etc.
Per clause 31.3, there is no reason why I should not accept the programme (or is there?). Should I accept the contractors programme with the 6 day delay, do the new set of dates become contractual? have I accepted the 6 day delay? or do I accept the programme as submitted and the issue the contractor with a Project Managers Instruction, requesting him to revise his programme showing how he intends dealing with such delay?
There are no pending CE’s awaiting acceptance or Early warnings requiring resolution. Time risk allowance of 5 days has been allowed but is poorly defined.
I would appreciate your view on this, and possibly if you could reference some of the clauses within the NEC with regards to change of completion dates, as my understanding is that only an implemented compensation event may cause a change to a completion date.
The other confusing issue is this. What is required to be shown in a revised programme with regards to "Early Warning Matters"? Are these to be shown as milestones within the programme? I understand actual progress, implemented compensation events, but not the early warning matters. What would a typical example of an early warning matter be?