Frequently Asked Questions

We are a contracted under an NEC3 ECC to complete a project in 6 months. The client has requested that we complete the project 2 weeks earlier, so we provided a quotation for acceleration costs. The acceleration costs were based on working one additional day per week (Sundays) and increasing skilled manpower both during day and night shifts as well as supervision and equipment. The calculation was based on agreed daily rates submitted with the quotation. However, the client now wants us to reveal the acceleration costs in detail. Should we provide this and what happens if there is a problem with it?
It is important to understand that the acceleration process in clause 36 is a consensual one between the parties. The client or project manager cannot ‘instruct’ or ‘require’ you to accelerate your works so as complete them before the completion date. All the project manager can do is instruct you to provide a quotation, see the first sentence of 36.1. You are not obliged to do so, as long as you explain why (see 36.2).
But if you do decide to provide a quotation, it has to provide details of the assessment, see the final sentence of 36.1, and that includes a revised programme for the works showing the earlier completion date. This means that you should show how you have calculated your figures, but you do not need to go into fine details. With or without the details, the project manager cannot reject your quote and still require you to accelerate. The project manager simply does not have the powers to do so. All the project manager can do is accept the quotation and that then changes the prices, completion date, key dates and accepted programme, see clause 36.3.

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