{
  "query": "NEC4 contract consequences for NCE without early warning UK construction",
  "raw_results": [
    {
      "url": "https://www.neccontract.com/news/seven-practical-tips-for-making-nec-early-warnings-more-effective?srsltid=AfmBOoq2ELXYLRbIQfYCf3cBJSS5FcV8x_26EoAYsc-q3cznNmpgc0Xu",
      "title": "Seven practical tips for making NEC early warnings more effective",
      "content": "There are no results for your search term. Have you used NEC for a recent project? Need help using a contract or implementation on a project? The early warning process has been described as the ‘jewel in the crown’ of NEC Contracts. Under clause 15.1 of the NEC4 Engineering and Constrution Contract (ECC), Term Service Contract (TSC) and Professional Service Contract (PSC), only the contractor and project or service manager can notify an early warning. However, project and service managers are often remote from the day-to-day goings on in a design office or on site but can delegate their powers. So, project or service managers need to delegate the power to notify early warnings down to people where work the work is being done. If clause 15.1 is taken literally, both the contractor and project or service manager should notify early warnings for every possible event, however unlikely and small in potential impact.",
      "score": 0.982,
      "raw_content": null,
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    },
    {
      "url": "https://www.designingbuildings.co.uk/wiki/Early%20warning%20notice",
      "title": "Early warning notice - Designing Buildings",
      "content": "If the contractor fails to give early warning of a possible delay to the works, or increase in costs, they will only be compensated for effects that would have remained anyway even if they had given early warning. If the contractor fails to give early warning of an event that may give rise to a possible delay to the works, or increase in costs, within 8 weeks of becoming aware of the event, they will not be entitled to a change in price, completion date or key date, unless the project manager should have notified the event to the contractor but did not. Glossary: Resilience, published by the Department for International Development in 2016, defines an Early Warning System as: ‘The set of capacities needed to generate and disseminate timely and meaningful warning information to enable individuals, communities and organisations threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the possibility of harm or loss.’.",
      "score": 0.97454,
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    },
    {
      "url": "https://www.linkedin.com/posts/sean-hoban-4158a27b_nec4-nec-ireland-activity-7341044153029455872-bYvS",
      "title": "NEC 4: Early Warning Clause 15.1 | Sean Hoban posted on the topic | LinkedIn",
      "content": "💡 Why is EOT crucial 🔸️ It avoids penalties for delays beyond contractor control 🔸️Ensures project efficiency and quality by providing realistic timelines 🔸️ Enhances transparency and stakeholder trust 🔸️ Maintains healthy client-contractor relationships through clear communication 🔑 Common reasons justifying EOT include 🔹️ Severe or unexpected weather conditions 🔹️ Delays in approvals or site access 🔹️ Supply chain disruptions and shortages 🔹️ Variations in scope or design changes 🔹️ Force majeure events like natural disasters or war 🔹️ Subcontractor failures or regulatory delays 🔍 The key to a successful EOT claim 🔅 Thorough documentation supporting every event and claim 🔅 Timing submissions according to contractual notice periods 🔅 Clear, neutral communication focused on facts and contract terms A well-prepared claim document provides clarity and support for the entitlement to an extension of time or additional payments, reducing the risk of disputes or rejection by the employer or certifying authority.",
      "score": 0.96761,
      "raw_content": null,
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    },
    {
      "url": "https://reachback.builtintelligence.com/t/ce-vs-early-warning-advice/20911",
      "title": "CE vs Early Warning advice - NEC3 and NEC4 Contracts - ReachBack",
      "content": "We subsequently raised a CEN under 61.3 citing 60.1.14 asking for the valuation to be conducted via dayworks as the event is difficult to value. The Project Manager responded and rejected our CEN citing the event not happening and has then included a blurb about using the EW process and said the CE would apply when the dayworks are completed, i.e we submit the CE only when the dayworks are done. We disagree with this as we feel the PM is negating our time/money (albeit not known yet) to the EW process which is not a vehicle for recovery, the mechanisms to recover are via the CE process. If we proceed on dayworks when it’s not recognised as a CE, there is a risk we do not get paid. You can only reject if the CE ‘has not happened and is not expected to happen’. It could be that this has not happened yet, but it is expected to happen.",
      "score": 0.96479,
      "raw_content": null,
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    },
    {
      "url": "https://www.pbctoday.co.uk/news/planning-construction-news/the-nec-4-ecc-contract-notifying-compensation-events-and-early-warnings/118114/",
      "title": "The NEC 4 ECC Contract: Notifying compensation events and early ...",
      "content": "In respect of compensation events, the importance of early warnings is noted in clause 61.5 which states that, “If the Project Manager decides that the Contractor did not give an early warning of the event which an experienced contractor could have given, the Project Manager states this in the instruction to the Contractor to submit quotations.”. Noting the requirement in clause 10.1 to “act as stated” in any NEC 4 contract, clause 61.5 merely requires that the Project Manager states that the Contractor “did not give an early warning of the event which an experienced contractor could have given …” when instructing the submission of the quotation. It states: “If the Project Manager has stated in the instruction to submit quotations that the Contractor did not give an early warning of the event which an experienced contractor could have given [i.e., as clause 61.5 above], the compensation event is assessed as if the Contractor had given the early warning.”.",
      "score": 0.95827,
      "raw_content": null,
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    }
  ],
  "formatted": "Source: Seven practical tips for making NEC early warnings more effective\nURL: https://www.neccontract.com/news/seven-practical-tips-for-making-nec-early-warnings-more-effective?srsltid=AfmBOoq2ELXYLRbIQfYCf3cBJSS5FcV8x_26EoAYsc-q3cznNmpgc0Xu\nThere are no results for your search term. Have you used NEC for a recent project? Need help using a contract or implementation on a project? The early warning process has been described as the ‘jewel in the crown’ of NEC Contracts. Under clause 15.1 of the NEC4 Engineering and Constrution Contract (ECC), Term Service Contract (TSC) and Professional Service Contract (PSC), only the contractor and project or service manager can notify an early warning. However, project and service managers are often remote from the day-to-day goings on in a design office or on site but can delegate their powers. So, project or service managers need to delegate the power to notify early warnings down to people where work the work is being done. If clause 15.1 is taken literally, both the contractor and project or service manager should notify early warnings for every possible event, however unlikely and small in potential impact.\n\n---\n\nSource: Early warning notice - Designing Buildings\nURL: https://www.designingbuildings.co.uk/wiki/Early%20warning%20notice\nIf the contractor fails to give early warning of a possible delay to the works, or increase in costs, they will only be compensated for effects that would have remained anyway even if they had given early warning. If the contractor fails to give early warning of an event that may give rise to a possible delay to the works, or increase in costs, within 8 weeks of becoming aware of the event, they will not be entitled to a change in price, completion date or key date, unless the project manager should have notified the event to the contractor but did not. Glossary: Resilience, published by the Department for International Development in 2016, defines an Early Warning System as: ‘The set of capacities needed to generate and disseminate timely and meaningful warning information to enable individuals, communities and organisations threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the possibility of harm or loss.’.\n\n---\n\nSource: NEC 4: Early Warning Clause 15.1 | Sean Hoban posted on the topic | LinkedIn\nURL: https://www.linkedin.com/posts/sean-hoban-4158a27b_nec4-nec-ireland-activity-7341044153029455872-bYvS\n💡 Why is EOT crucial 🔸️ It avoids penalties for delays beyond contractor control 🔸️Ensures project efficiency and quality by providing realistic timelines 🔸️ Enhances transparency and stakeholder trust 🔸️ Maintains healthy client-contractor relationships through clear communication 🔑 Common reasons justifying EOT include 🔹️ Severe or unexpected weather conditions 🔹️ Delays in approvals or site access 🔹️ Supply chain disruptions and shortages 🔹️ Variations in scope or design changes 🔹️ Force majeure events like natural disasters or war 🔹️ Subcontractor failures or regulatory delays 🔍 The key to a successful EOT claim 🔅 Thorough documentation supporting every event and claim 🔅 Timing submissions according to contractual notice periods 🔅 Clear, neutral communication focused on facts and contract terms A well-prepared claim document provides clarity and support for the entitlement to an extension of time or additional payments, reducing the risk of disputes or rejection by the employer or certifying authority.\n\n---\n\nSource: CE vs Early Warning advice - NEC3 and NEC4 Contracts - ReachBack\nURL: https://reachback.builtintelligence.com/t/ce-vs-early-warning-advice/20911\nWe subsequently raised a CEN under 61.3 citing 60.1.14 asking for the valuation to be conducted via dayworks as the event is difficult to value. The Project Manager responded and rejected our CEN citing the event not happening and has then included a blurb about using the EW process and said the CE would apply when the dayworks are completed, i.e we submit the CE only when the dayworks are done. We disagree with this as we feel the PM is negating our time/money (albeit not known yet) to the EW process which is not a vehicle for recovery, the mechanisms to recover are via the CE process. If we proceed on dayworks when it’s not recognised as a CE, there is a risk we do not get paid. You can only reject if the CE ‘has not happened and is not expected to happen’. It could be that this has not happened yet, but it is expected to happen.\n\n---\n\nSource: The NEC 4 ECC Contract: Notifying compensation events and early ...\nURL: https://www.pbctoday.co.uk/news/planning-construction-news/the-nec-4-ecc-contract-notifying-compensation-events-and-early-warnings/118114/\nIn respect of compensation events, the importance of early warnings is noted in clause 61.5 which states that, “If the Project Manager decides that the Contractor did not give an early warning of the event which an experienced contractor could have given, the Project Manager states this in the instruction to the Contractor to submit quotations.”. Noting the requirement in clause 10.1 to “act as stated” in any NEC 4 contract, clause 61.5 merely requires that the Project Manager states that the Contractor “did not give an early warning of the event which an experienced contractor could have given …” when instructing the submission of the quotation. It states: “If the Project Manager has stated in the instruction to submit quotations that the Contractor did not give an early warning of the event which an experienced contractor could have given [i.e., as clause 61.5 above], the compensation event is assessed as if the Contractor had given the early warning.”."
}