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Questions on NEC ECC Option B Regarding Withdrawl of Instruction under a CE

Questions on NEC ECC Option B Regarding Withdrawl of Instruction under a CE

Questions on NEC ECC Option B Regarding Withdrawl of Instruction under a CE

(OP)
Hello!

I am currently working as a Project Manager's Delegate for a construction contract, and would like to seek for your advice on the following:-

Background: A PMI was issued to instruct the Contractor to adopt alternative construction method for the works under the Contract. The instruction was a CE under ECC Cl. 60.1(1) consisting of a change to the Works Information. After the PMI and CE were issued, it was later found by the PM that adoption of the alternative construction method would no longer be necessary.

1. To withdraw the instruction issued under previous PMI & CE (e.g. refer as CE No. 1), grateful if you could advise whether the PM should
Option 1: Issue another CE (e.g. CE No. 2) via. ECC Cl. 60.1(1) to further revise the construction method back to the conforming design; or
Option 2: Issue another CE (e.g. CE No. 2)via. ECC Cl. 60.1(8) to change PM's earlier decision for revising the construction method, and declaring that previous CE & PMI have been withdrawn and not to be proceeded with.

2. In either case, provided that the Contractor has not yet taken any actions in relation to the revised construction method previously instructed under CE No.1, we also wonder if the quotation of CE No. 1 would be limited to the actual Defined Cost & Delay to Completion Date incurred due to actual time and manpower resources already spent by the Contractor in preparing for the changed construction arrangement, e.g. preparation works for subletting.

Thanks All.

RE: Questions on NEC ECC Option B Regarding Withdrawl of Instruction under a CE

This is slipping down the forum. Could you translate the jargon abbreviations to English?
PMI?
CE?
ECC?

RE: Questions on NEC ECC Option B Regarding Withdrawl of Instruction under a CE

(OP)
Thanks for asking.

PMI means Project Manager Instruction

CE means Compensation Event

Both are the terms from the NEC Engineering Construction Contract (ECC).

RE: Questions on NEC ECC Option B Regarding Withdrawl of Instruction under a CE

So if I'm understanding this, I'd say either option 1 or 2 work, as long as you're clear that there is no additional costs incurred from CE 1, except for planning the additional tasks. And I wouldn't be surprised that those are absorbed by the contractor.

RE: Questions on NEC ECC Option B Regarding Withdrawl of Instruction under a CE

The cost of the work for preparing the Quotation of CE No. 1 can't be determined from your description. One would need to know the estimated value of the change in scope. If the change in scope consists of a day's work or several month's work?

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