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Clause36 Acceleration

Clause36

(Clause 36.1)

• Project Manager may instruct the contractor to provide a quotation for acceleration

• Changes to key dates to be included

• Proposed price changes

• Revised Programme

• Full details of assessment to be provided

• Does not give Project Manager Power to instruct acceleration

• This involves a change in obligations and requires agreement

Failure to achieve Acceleration

What consequences follow failure by the contractor to achieve acceleration after being paid to do so?

• The contractor becomes liable for delay damages

• Liquidated or un-liquidated dependent on if option X7 used

• No provision for employer to recover monies on an accepted quotation

• The risk of achieving acceleration is effectively sharedIn NEC a statement of “how the contractor intends to do the work” is required

• In effect this is a resource statement, a list of resources that are intended to be used for each activity

• Clearly this list will be based on the scope of the work at the time of submittal of the programme

• The resource statement will also facilitate the assessment of compensation events

Float

• The time available for an activity in addition to its planned duration

• Free float

• The time by which an activity can be delayed or extended without affecting the start of any succeeding activity

• Total float

• Total float is the time by which an activity may be delayed or extended without affecting the total project duration

• Negative total float

• Negative float occurs when an activity on the critical path is behind programme.It is a programming concept, the manifestation of which is, of course, delay

‘Who does float belong to?’

Overall it belongs to the Contractor

• This does not mean that at an item by item basis is entirely for the Contractors use

• May have to be absorbed in re-programming, hence could said to belong to the employer


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