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Under the NEC4 the contractor may propose acceleration to obtain Completion at a date prior to the scheduled Completion Date Such proposal is subject to the project manager's approval This differs from clause 36 of the NEC3 where acceleration can only be proposed by the project manager.

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Acceleration under NEC3 means bringing forward the contractual Completion Date If a compensation event occurs and the Project Manager wishes to keep Completion and hence the Completion Date the same then this can be done throught the rigour of the compensation event process.

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Clause 32 revised programmes have to be acceptedrejected by the Project Manager the same way as the initial clause 31 programme.

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In the absence of such express terms the contractor may reject instructions for variations without any legal consequences Standard forms of contract generally make express provisions for the contract administrator generally the architect or engineer to instruct variations for example FIDIC Clause 511.

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The contractor can either not accept it and instruct you to provide a revised quotation giving reasons or it can tell you it will make its own assessment The contractor cannot ask for more information and you are not required to provide it.

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NEC3 ECC Option A Only real negatives to the Employer to instruct CE's after Completion is that the Contractor will not be pushed to carry out the works in a certain timescale as they will no longer be threatened with delay damages if they have achieved Completion.

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Two advantages flow from this system ie an activity- based system The first is that contractors would tend to consider their construction programmes far more.

Time risk allowances are a required part of an ECC project programme clause 312 If a contractor identifies an activity float in the programme as a time risk allowance that is protected in the same way as the terminal float In other words the contractor owns the time risk allowances.

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Advantages those being firstly that a party has time to consider its position in respect of the contract.

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NEC can be used for civil engineering but is in no way limited to either civil engineering or construction As stated NEC contracts can be used in any sector although to date they are most commonly used in construction and facilities management.

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