Principles of NEC Dennis Li HKCIC Lecturer Lecture

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Principles of NEC Dennis Li - HKCIC Lecturer

Principles of NEC Dennis Li - HKCIC Lecturer

Lecture 3 Communication and Time • Communication ▫ Periods for reply ▫ Communication protocols

Lecture 3 Communication and Time • Communication ▫ Periods for reply ▫ Communication protocols • Managing time ▫ ▫ Programme management Extension of Time and prolongation cost Acceleration Completion

Communication

Communication

NEC ECC Clause 13 - Communications • 13. 1 Each instruction, certificate, submission, proposal,

NEC ECC Clause 13 - Communications • 13. 1 Each instruction, certificate, submission, proposal, record, acceptance, notification, reply and other communication which this contract requires is communicated in a form which can be read, copied and recorded. Writing is in the language of this contract • 13. 2 A communication has effect when it is received at the last address notified by the recipient for receiving communications or, if none is notified, at the address of the recipient stated in the Contract Data.

NEC ECC Clause 13 - Communications • 13. 3 If this contract requires the

NEC ECC Clause 13 - Communications • 13. 3 If this contract requires the Project Manager, the Supervisor or the Contractor to reply to a communication, unless otherwise stated in this contract, he replies within the period for reply. • 13. 4 The Project Manager replies to a communication submitted or resubmitted to him by the Contractor for acceptance. If his reply is not acceptance, the Project Manager states his reasons and the Contractor resubmits the commu nication within theperiod for reply taking account of these reasons. A reason for withholding acceptance is that more information is needed in order to assess the Contractor's submission fully.

NEC ECC Clause 13 - Communications • 13. 5 The Project Manager may extend

NEC ECC Clause 13 - Communications • 13. 5 The Project Manager may extend the period for reply to a communication if the Project Manager and the Contractor agree to the extension before the reply is due. The Project Manager notifies the Contractor of the extension which has been agreed. • 13. 6 The Project Manager issues his certificates to the Employer and the Contrac tor. The Supervisor issues his certificates to the Project Manager and the Contractor. • 13. 7 A notification which this contract requires is communicated separately from other communications.

NEC ECC Clause 13 - Communications • 13. 8 The Project Manager may withhold

NEC ECC Clause 13 - Communications • 13. 8 The Project Manager may withhold acceptance of a submission by the Contractor. Withholding acceptance for a reason stated in this contract is not a compensation event.

Programme

Programme

Programme and Time Clause 31. 2: The Contractor shows on each programme which he

Programme and Time Clause 31. 2: The Contractor shows on each programme which he submits for acceptance ―the starting date, access dates, Key Dates and Completion Date, ―planned Completion, ―the order and timing of the operation which the Contractor plans to do in order to Provide the Works, ―the order and timing of the work of the Employer and Others as last agreed with them by the Contractor or, if not so agreed, as stated in the Works Information

Programme and Time – Clause 31. 2: ―the dates when the Contractor plans to

Programme and Time – Clause 31. 2: ―the dates when the Contractor plans to meet each Condition stated for the Key Dates and to complete other work needed to allow the Employer and Others to do their work, ―provisions for ―float, ―time risk allowances, ―health and safety requirements, and ―the procedures set out in this contract

Programme and Time ―Clause 31. 2: ―the dates when, in order to Provide the

Programme and Time ―Clause 31. 2: ―the dates when, in order to Provide the Works in accordance with his programme, the Contractor will need ―access to a part of the Site if later than its access date, ―Acceptance, ―Plant and Materials and other things to be provided by the Employer and ―Information from Others, ―for each operation, a statement of how the Contractor plans to do the work identifying the principal Equipment and other resources which he plans to use and ―Other information which the Works Information requires the Contractor to show on a programme submitted for acceptance

Programme and Time ―Clause 31. 3: ―Within 2 weeks of the Contractor submitting a

Programme and Time ―Clause 31. 3: ―Within 2 weeks of the Contractor submitting a programme to him for acceptance, the Project Manager either accepts the programme or notifies the Contractor of his reasons for not accepting it. A reason for not accepting a programme is that ―The Contractor’s plans which it shows are not practicable ―It does not s how the information which this contract requires, ―It does not represent the Contractor’s plans realistically or ―It does not comply with the Works Information.

Programme and Time ―Clause 32. 1: ―The Contractor shows on each revised programme ―The

Programme and Time ―Clause 32. 1: ―The Contractor shows on each revised programme ―The actual progress achieved on each operation and its effect upon the timing of the remaining work, ―The effects of implemented compensation events, ―How the Contractor plans to deal with any delays and to correct notified Defects and ―Any other changes which the Contractor proposes to make to the Accepted Programme.

Programme and Time ―Clause 32. 2: ―The Contractor submits a revised programme to the

Programme and Time ―Clause 32. 2: ―The Contractor submits a revised programme to the Project Manager for acceptance ―Within the period for reply after the Project Manager has instructed him to, ―When the Contractor chooses to and, in any case, ―At no longer interval than the interval stated in the Contract Data from the stating date until Completion of the whole of the works.

Example Programme 1 Activities Duration Commencement Activity 1 Critical Path Risk Allocance Activity 2

Example Programme 1 Activities Duration Commencement Activity 1 Critical Path Risk Allocance Activity 2 Activity 3 Activity 4 Activity 5 Planned Completion Date Terminal Float

Definitions • Critical Path is the longest sequence of activities in a project plan

Definitions • Critical Path is the longest sequence of activities in a project plan which must be completed on time for the project to complete on the due date. • Float – The time by which an activity may be delayed without affecting the overall project duration. • Terminal Float – the amount of float between planned completion and the Contract Completion Date • Risk allowance – reasonable allowance to account for risks in Contractor’s programme

FLOAT AND OWNERSHIP • Terminal float – belongs to the Contractor? • Time risk

FLOAT AND OWNERSHIP • Terminal float – belongs to the Contractor? • Time risk allowance – belongs to the Contractor • Activity float / free float – belongs to the first to use it

18 Who owns the float? : Employer CE © NEC Contracts Week 1 Week

18 Who owns the float? : Employer CE © NEC Contracts Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 operation 1 operation 2 operation 3 CE 001 ‘Operation 4’ has to start after CE 001 operation 4 operation 5 planned Completion Date 2 weeks float Week 8 Week 9

19 Who owns the float? : Employer CE Week 1 Week 2 Week 3

19 Who owns the float? : Employer CE Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 operation 1 Clause 63. 3 operation 2 operation 3 CE 001 A delay to the Completion Date is assessed as the length of time that, due to a compensation event, planned Completion is later than planned Completion as shown on the Accepted Programme operation 4 operation 5 1 week float planned Completion Date planned Completion is unaffected, the Employer takes advantage of the float

20 Who owns the float? Week 1 Week 2 Week 3 operation 1 Week

20 Who owns the float? Week 1 Week 2 Week 3 operation 1 Week 4 © NEC Contracts Week 5 Week 6 Week 7 Critical operations: operation 2 operation 3 operation 4 operation 5 planned Completion Date Week 8 Non-critical operations: 2 weeks float Week 9

21 Who owns the float? : Contractor delay © NEC Contracts Week 1 Week

21 Who owns the float? : Contractor delay © NEC Contracts Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 operation 1 operation 2 operation 3 Contractor delay This affects the start date of ‘Operation 4’ operation 4 operation 5 planned Completion Date 2 weeks float Week 9

22 Who owns the float? : Contractor delay © NEC Contracts Week 1 Week

22 Who owns the float? : Contractor delay © NEC Contracts Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 operation 1 operation 2 operation 3 But……. . what happens if both occur? Contractor delay operation 4 No float remains operation 5 planned Completion Date The Contractor takes advantage of the float Week 9

23 Who owns the float? Week 1 Week 2 Week 3 operation 1 Week

23 Who owns the float? Week 1 Week 2 Week 3 operation 1 Week 4 © NEC Contracts Week 5 Week 6 Week 7 Critical operations: operation 2 operation 3 operation 4 operation 5 planned Completion Date Week 8 Non-critical operations: 2 weeks float Week 9

24 Who owns the float? : Employer CE © NEC Contracts Week 1 Week

24 Who owns the float? : Employer CE © NEC Contracts Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 operation 1 operation 2 operation 3 CE 001 ‘Operation 4’ has to start after CE 001 operation 4 operation 5 planned Completion Date 2 weeks float Week 8 Week 9

25 Who owns the float? It’s who gets there first! Week 1 Week 2

25 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 Week 7 Week 8 operation 1 operation 2 operation 3 CE 001 operation 4 operation 5 planned Completion Date 1 weeks float Week 9

Who owns the float? It’s who gets there first! Week 1 Week 2 Week

Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Clause 63. 3 Week 7 Week 8 Week 9 operation 1 operation 2 operation 3 A delay to the Completion Date is assessed as the length of time that, due to a compensation event, planned Completion is later than planned Completion as shown on the Accepted Programme CE 001 operation 4 1 weeks float operation 5 planned Completion Date planned Completion is unaffected, the Employer takes advantage of the float

27 Who owns the float? It’s who gets there first! Week 1 Week 2

27 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 Week 7 Week 8 Week 9 operation 1 operation 2 operation 3 CE 001 Contractor delay This effects the start date of ‘Operation 4’ operation 4 operation 5 planned Completion Date 1 weeks float

28 Who owns the float? It’s who gets there first! Week 1 operation 2

28 Who owns the float? It’s who gets there first! Week 1 operation 2 operation 3 CE 001 Contractor delay operation 4 operation 5 planned Completion Date Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 Week 7 Week 8 Week 9

29 Who owns the float? It’s who gets there first! Week 1 Week 2

29 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 Week 7 operation 1 operation 2 operation 3 CE 001 Contractor delay operation 4 operation 5 planned Completion Date Delay, no CE Week 8 Week 9

30 Who owns the float? : Contractor delay © NEC Contracts Week 1 Week

30 Who owns the float? : Contractor delay © NEC Contracts Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 operation 1 operation 2 operation 3 Contractor delay This effects the start date of ‘Operation 4’ operation 4 operation 5 planned Completion Date 2 weeks float Week 9

31 Who owns the float? : Contractor delay Week 1 Week 2 Week 3

31 Who owns the float? : Contractor delay Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 operation 1 operation 2 operation 3 Contractor delay operation 4 No float remains operation 5 planned Completion Date The Contractor takes advantage of the float Week 9

32 Who owns the float? It’s who gets there first! Week 1 Week 2

32 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 operation 1 operation 2 operation 3 CE 001 Contractor delay operation 4 operation 5 planned Completion Date CE 001 must complete before ‘Operation 4’ can start Week 7 Week 8 Week 9

33 Who owns the float? It’s who gets there first! Week 1 operation 2

33 Who owns the float? It’s who gets there first! Week 1 operation 2 operation 3 CE 001 Contractor delay operation 4 operation 5 planned Completion Date Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 Week 7 Week 8 Week 9

34 Who owns the float? It’s who gets there first! Week 1 Week 2

34 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 Week 7 Week 8 Week 9 operation 1 operation 2 operation 3 CE 001 Contractor delay operation 4 operation 5 planned Completion Date planned Completion is now 1 week later

35 Who owns the float? It’s who gets there first! Week 1 Week 2

35 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 operation 1 Clause 63. 3 operation 2 A delay to the Completion Date is assessed as the length of time that, due to a compensation event, planned Completion is later than planned Completion as shown on the Accepted Programme operation 3 CE 001 Contractor delay operation 4 operation 5 planned Completion Date The CE will cover the one week effect.

36 Who owns the float? It’s who gets there first! Week 1 Week 2

36 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 Week 7 Week 8 operation 1 operation 2 operation 3 Contractor delay What happens if the Contractor is already in delay and we notify a CE? operation 4 operation 5 planned Completion Date i. e. planned Completion is after the Completion Date Delay Week 9

37 Who owns the float? It’s who gets there first! Week 1 Week 2

37 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 © NEC Contracts Week 5 Week 6 Week 7 operation 1 operation 2 operation 3 CE 001 Contractor delay operation 4 operation 5 planned Completion Date CE 001 must complete before ‘Operation 4’ can start Week 8 Week 9

38 Who owns the float? It’s who gets there first! Week 1 Week 2

38 Who owns the float? It’s who gets there first! Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 operation 1 Clause 63. 3 operation 2 operation 3 CE 001 A delay to the Completion Date is assessed as the length of time that, due to a compensation event, planned Completion is later than planned Completion as shown on the Accepted Programme Contractor delay operation 4 operation 5 planned Completion Date 1 further week Delay The CE will cover the one week effect.

39 Who owns the terminal float? Week 1 Week 2 Week 3 Week 4

39 Who owns the terminal float? Week 1 Week 2 Week 3 Week 4 Week 5 © NEC Contracts Week 6 Week 7 operation 1 How do we know? operation 2 Which clause states this? Week 8 operation 3 operation 4 operation 5 planned Completion Date This belongs to the Contractor Terminal float Week 9

40 Who owns the terminal float? Week 1 Week 2 Week 3 Week 4

40 Who owns the terminal float? Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 operation 1 operation 2 operation 3 CE 001 This effects the start date of ‘Operation 3’ operation 4 operation 5 planned Completion Date Terminal float

41 Who owns the terminal float? Week 1 Week 2 Week 3 Week 4

41 Who owns the terminal float? Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 operation 1 operation 2 operation 3 CE 001 operation 4 operation 5 planned Completion Date Terminal float Week 9

42 Who owns the terminal float? : Week 1 operation 2 operation 3 CE

42 Who owns the terminal float? : Week 1 operation 2 operation 3 CE 001 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Clause 63. 3 A delay to the Completion Date is assessed as the length of time that, due to a compensation event, planned Completion is later than planned Completion as shown on the Accepted Programme operation 4 operation 5 Terminal float planned Completion Date The CE will cover the one week effect. Week 9

Other Problems • Concurrent delay • Employer’s risk event occurs after completion date •

Other Problems • Concurrent delay • Employer’s risk event occurs after completion date • Evaluate by planned progress? Actual Progress?

Bridge forms critical path (6 months to construct) Approach Road has 66 d of

Bridge forms critical path (6 months to construct) Approach Road has 66 d of “float” 66 d THE INITIAL PROGRAMME (Carefully planned and resourced)

Increased depth: 20 d additional excavation VO 1 1 st window Subcontract award after

Increased depth: 20 d additional excavation VO 1 1 st window Subcontract award after 25 d (5 d late) Paving not commenced due to material shortage 20 d delay due to VO 1 SITUATION AS AT END OF FEB 07 (Close of First ‘Window’)

Events in First “Window” (Jan/Feb) • Day 1: Excavation starts; S/C bids compiled; •

Events in First “Window” (Jan/Feb) • Day 1: Excavation starts; S/C bids compiled; • Day 10: VO 1 issued, increasing the depth of abutment foundations – 20 d extra excavation required; • Day 25: Road Subcontract awarded (NB. 5 d late); • Day 58 (End of window): (i) Abutments excavation almost completed; (ii) Road paving cannot be sourced (materials shortage)

Events in 2 nd “Window” (Mar/Apr) • Day 60: Excavation of abutments completed; Day

Events in 2 nd “Window” (Mar/Apr) • Day 60: Excavation of abutments completed; Day 75: Pavement laying commenced • Day 90: Concreting of abutments completes slowly, taking 30 d in total (so a 14 d delay); • Day 100: VO 2 – major instruction for a further ½km of road, in difficult ground (on piles) – planned at 21 d to source piling s/c, 30 d to drive 30 piles, 20 d to test, 30 d to construct new road & drains, and 15 d for street furniture. A total duration of 114 d is required. • Day 120 (End of window): No further delays, but due to massive VO 2, the approach roads are now on the critical path

Slow Concreting of Abutments (14 d delay) 2 nd window 21 d VO 2

Slow Concreting of Abutments (14 d delay) 2 nd window 21 d VO 2 New 0. 5 km of road; in poor ground (on piles) 48 d delay; (20 d VO 1, 14 d slow abutments; 14 d VO 2) SITUATION AS AT END OF APR 07 (Close of Second ‘Window’) www. scadacon. com. hk

Events in 3 rd “Window” (May/Jun) • Day 121: Falsework erectors go on strike

Events in 3 rd “Window” (May/Jun) • Day 121: Falsework erectors go on strike for the whole month of May • Day 135: Contractor says that he will mitigate the delay by doubling up resources on the commissioning stage; • Day 160: VO 3 – 10 more piles instructed in the new piled approach section, these will take an extra 10 days to complete • Day 181 (End of window): No further delays, but due to the month-long strike, the bridge has become once again more critical than the approach road

One month lost due to falsework s/c strike 3 rd window 21 d VO

One month lost due to falsework s/c strike 3 rd window 21 d VO 3 Mitigation: commissioning now only 8 d VO 3: Additional piles instructed at new road 66 d delay; (20 d VO 1, 14 d slow abutments; 14 d VO 2; 25 d strike; -7 d mitigation) SITUATION AS AT END OF JUN 07 (Close of Third ‘Window’)

Events in 4 th “Window” (Jul/Aug) • Day 182 - Day 243: Further problems

Events in 4 th “Window” (Jul/Aug) • Day 182 - Day 243: Further problems with Falsework erectors – not all were pleased with strike settlement terms, and productivity suffers. • Day 243 (End of window): No further delays; approach road completed bar for commissioning; but the elevated bridge concrete deck only managed completion at the very end of this period. The bridge thus remained more critical than the approach road throughout.

More than one further month lost due to poor falsework s/c productivity 4 th

More than one further month lost due to poor falsework s/c productivity 4 th window 21 d 98 d delay; (20 d VO 1, 14 d slow abutments; 14 d VO 2; 25 d strike; -7 d mitigation; 32 d poor falsework productivity) SITUATION AS AT END OF AUG 07 (Close of Fourth ‘Window’)

Events in 5 th “Window” (Sep/Oct) • Day 270: VO 4, some new road

Events in 5 th “Window” (Sep/Oct) • Day 270: VO 4, some new road markings and revised drainage causes an extra 10 d of work. • Day 289 (End of project): The project completes on 16 October 2007, some 108 days late. • Critical VOs: - VO 1=20 d, VO 2=14 d; VO 4=10 d: Total = 44 d

5 th window 21 d New Road marking scheme -108 SITUATION AS AT END

5 th window 21 d New Road marking scheme -108 SITUATION AS AT END OF OCT 07 (Close of Fifth ‘Window’) 108 d VO 4

10 d 14 d 20 d

10 d 14 d 20 d

As-Built Subtracted Analysis • Take the as-built programme, and subtract the delays which the

As-Built Subtracted Analysis • Take the as-built programme, and subtract the delays which the contractor has suffered (which are not to his own default). • This gives rise to a theoretical date, the date on which the contractor would have finished but for the delays • The difference between the ABBF date, and the actual completion date represents the potential entitlement to EOT

VO 1 21 d VO 2 VO 3 -108 AS-BUILT BUT-FOR / AS-BUILT SUBTRACTED

VO 1 21 d VO 2 VO 3 -108 AS-BUILT BUT-FOR / AS-BUILT SUBTRACTED ANALYSIS VO 4

30 d -78 AS-BUILT BUT-FOR / AS-BUILT SUBTRACTED ANALYSIS

30 d -78 AS-BUILT BUT-FOR / AS-BUILT SUBTRACTED ANALYSIS

As-Built Subtracted Analysis • The “longest path” is favoured • Only the VOs on

As-Built Subtracted Analysis • The “longest path” is favoured • Only the VOs on the longest path feature in the subtraction, irrespective of the contemporary criticality of other VOs • Thus, VO 1 (20 d) and VO 4 (10 d) are those which, when subtracted, cause the ABBF date to be collapsed back in time. Thus the potential EOT entitlement here is 30 d (cf. 44 d in the windows analysis)

As-Planned Impacted Analysis • The initial programme (warts and all) is taken, and into

As-Planned Impacted Analysis • The initial programme (warts and all) is taken, and into it are impacted all of the delays which the contractor has suffered • The impacts are ‘added’ into the initial network; sometimes this is done in ‘real time’, but this causes problems if the delays are caused late due to the contractor’s own problems (e. g. a VO instructed at a late stage merely because of earlier contractor’s delays);

THE INITIAL PROGRAMME (Carefully planned and resourced)

THE INITIAL PROGRAMME (Carefully planned and resourced)

VO 1 VO 2, VO 3 -68 d THE INITIAL PROGRAMME IMPACTED WITH VO

VO 1 VO 2, VO 3 -68 d THE INITIAL PROGRAMME IMPACTED WITH VO 1 -VO 4

As-Planned Impacted Analysis • The impacts take no account of progress, or of any

As-Planned Impacted Analysis • The impacts take no account of progress, or of any of the contractor’s own defaults. • The resultant date is again a theoretical date, perhaps best described as the date for which the contractor would have programmed if it had know about all of the additionally instructed work at the outset; • If the VOs are impacted in chronological order, then they all figure in this example: VO 1=20 d; VO 2=28 d*; VO 3=10 d; VO 4=10 d: Total = 68 d (cf. 30 d ABBF, 44 d windows analysis) • * Net delay given initial float and the prior occurrence of VO 1

City Inn v Shepherd Construction [Appeal: 2010] • CONCURRENT DELAY (Lord Carloway) • The

City Inn v Shepherd Construction [Appeal: 2010] • CONCURRENT DELAY (Lord Carloway) • The initial exercise to be carried out by the architect occurs upon the application of the contractor, who will have requested an extension of time by intimating, under clause 25. 2, that the progress of the Works "is being or is likely to be delayed". He will claim that a Relevant Event has been the, or at least a, cause of the delay. The architect then has to decide whether he considers that the completion of the Works is likely to be delayed by a Relevant Event beyond the Completion Date (clauses 25. 3. 1. 1 and 2).

City Inn v Shepherd Construction [Appeal: 2010] • CONCURRENT DELAY (Lord Carloway) • This

City Inn v Shepherd Construction [Appeal: 2010] • CONCURRENT DELAY (Lord Carloway) • This provision is designed to allow the contractor sufficient time to complete the Works, having regard to matters which are not his fault (i. e. Relevant Events). This does not, at least strictly, involve any analysis of competing causes of delay or an assessment of how far other events have, or might have, caused delay beyond the Completion Date. It proceeds, to a large extent, upon a hypothetical assumption that the contract has proceeded, and will proceed, without contractor default. It involves an assessment, on that assumption, of the delay which would have been caused to the Completion Date purely as a result of the Relevant Event.

City Inn v Shepherd Construction [Appeal: 2010] • CONCURRENT DELAY (Lord Carloway) • But

City Inn v Shepherd Construction [Appeal: 2010] • CONCURRENT DELAY (Lord Carloway) • But the exercise remains one of looking at the Relevant Event and the effect it would have had on the original (or already altered) Completion Date. If a Relevant Event occurs (no matter when), the fact that the Works would have been delayed, in any event, because of a contractor default remains irrelevant. In that respect, the view of HHJ Seymour QC in Royal Brompton Hospital NHS Trust v Hammond & Others (No 7) [2001] 76 Con LR 148 (at para 31), that a Relevant Event falls to be disregarded if a pre-existing contractor default would nonetheless have caused the delay, appears to be in error.

KEY DATE • 30. 3 – The Contractor does the work so that the

KEY DATE • 30. 3 – The Contractor does the work so that the Condition stated for each Key Date is met by the Key Date. • 25. 3 – If the Project Manager decides that the work does not meet the Condition stated for a Key Date by the date stated and, as a result, the Employer incurs additional cost either • in carrying out work or • by paying an additional amount to Others in carrying out work on the same project, the additional cost which the Employer has paid or will incur is paid by the Contractor. The Project Manager assesses the additional cost within four weeks of the date when the Condition for the Key Date is met. The Employees right to recover the additional cost is his only right in these circumstances.

CL. 36 - ACCELERATION • 36. 1 – The Project Manager may instruct the

CL. 36 - ACCELERATION • 36. 1 – The Project Manager may instruct the Contractor to submit a quotation for an acceleration to achieve Completion before the Completion Date. The Project Manager states changes to the Key Dates to be included in the quotation. A quotation for an acceleration comprises proposed changes to the Prices and a revised programme showing the earlier Completion Date and the changed Key Dates. The Contractor submits details of his assessment with each quotation • The Contractor submits a quotation or gives his reasons for not doing so within the period for reply.

CL. 35 – TAKE OVER • 35. 1 – The Employer need not take

CL. 35 – TAKE OVER • 35. 1 – The Employer need not take over the works before the Completion Date if it is stated in the Contract Data that he is not willing to do so. Otherwise the Employer takes over the works not later than two weeks after Completion. • 35. 2 – The Employer may use any part of the works before Completion has been certified. If he does so, he takes over the part of the works when he begins to use it except if the use is • for a reason stated in the Works Information or • to suit the Contractor's method of working. • 35. 3 – The Project Manager certifies the date upon which the Employer takes over any part of the works and its extent within one week of the date.