This is NEC4 (Engineering and Construction Contract), please show the clause number in the answer. Thank you!

Question:

An ECC Option C contract has been awarded for the construction of a concert arena.

The access to the Site is constrained significantly and results in theContractorhaving to decant the fill material into small dumper trucks from the delivery wagons. The Scope provided by theClientwas clear about the access constraints.

a. TheContractorbelieves that this constitutes an impossible requirement and notifies theProject Managerof this under clause 17.2. How should theProject Managerrespond?

[3 marks]

TheClient'shealth and safety representative is concerned about the deep excavations required to construct the arena lighting columns and wants to see the design of the earthwork supports.

b. What provisions exist within the contract to provide for this?

[4 marks]

TheContractornotifies a compensation event under clause 61.3 stating that this was not included in the Scope and this is impeding the work.

c. Is this a compensation event? How should theProject Managerrespond?

[5 marks]

The original Scope was, in hindsight, poorly drafted in certain areas. Whilst theContractoris responsible for design, the Scope did not contain a requirement for the submission of design in accordance with clause 21.2. The newly appointedSupervisornow wants to see the design of the permanent foundations and steelwork.

d. Can theSupervisorinstruct this? How can the design be verified before work commences?

[6 marks]

TheClient'suse of the arena has now changed from that envisaged at the tender stage. When theContractor'ssteelwork design is submitted, it complies with the law and original Scope, however, it would now prevent future expansion to the West side of the arena which is what is being considered by theClient.

e. Does theProject Managerhave to accept the design? What provisions exist in the contract for dealing with this situation?

[7 marks]