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This is according to nec4 (engineering and construction contract), please show the clause in answering. Thank you ! The project is a 'drive-through' fast food
This is according to nec4 (engineering and construction contract), please show the clause in answering. Thank you ! The project is a 'drive-through' fast food restaurant with much of the construction undertaken off Site in modules. The work has been procured under ECC Option A and secondary Options X2, X6, X7 and X20 are incorporated. Time is critical and the Client wants the restaurant open as soon as possible. The contract strategy contains both delay damages and a bonus for early Completion. The Contractor has just submitted its second programme which shows that planned Completion will be after the Completion Date due to delays in the factories manufacturing the modules. The Project Manager expects that the Client will be extremely concerned by this. a. What should have occurred before the programme (showing that the Contractor will be late) was submitted? Also, should the Project Manager accept the programme? [5 marks] A few months later the Contractor has brought the project back on track. Its latest programme shows planned Completion prior to the Completion Date. The Client sees the programme and wants to add in additional landscaping works which will be on the critical path. b. What would the effect be on planned Completion and the Completion Date by including the additional work and which clauses confirm this? [3 marks] The Client decides not to instruct the additional work but wants confidence in the earlier Completion by the Contractor. This will allow the initial staff training and familiarisation to be planned. c. Can the Completion Date be brought forward and can this be forced upon the Contractor? Is this a compensation event? [4 marks] The original Scope stated that the Client wanted to use the restaurant to train staff before Completion. The staff are now on Site much to the annoyance of the Contractor. The Contractor notifies a compensation event. d. Is this a compensation event? Would it be a compensation event if the original Scope did not mention the requirement? [6 marks] Towards the end of the project, the Contractor has a number of problems with SubContractors and ultimately the project is two weeks late. The specialist installing point of sale equipment and safes (employed by the Client) has a small window of opportunity when it can do the work. If it does not undertake the work in the next week it will be six months before it is back in the same country. e. If the specialist does the work after the Completion Date (the Contractor is two weeks late) is it a compensation event? What steps might the Project Manager take to mitigate the impact? [7 marks]
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