NEC delays


Overview
The purpose of this standard is to provide learners with an opportunity to increase their understanding of delays and provide general guidance on delay assessment and liability for delay, under NEC Engineering and Construction Contracts.

Duration

Minimum 1 day of 6 learning hours

Purpose/scope

The purpose of this standard is to provide learners with an opportunity to increase their understanding of delays and provide general guidance on delay assessment and liability for delay, under NEC Engineering and Construction Contracts.

The scope of this standard covers:

  • principles for assessing delay
  • causation in regard to time and monies
  • prospective and retrospective claims
  • acceleration of works
  • concurrent delays, programming of works and revisions
  • project managers assumptions and those used as a basis for assessment
  • risk allowances (NEC3) / early warning allowance (NEC4) and ownership of the allowances and float
  • concurrent effects of multiple compensation events and/or concurrent delays
  • assessing defined cost of delay
  • delay damages
  • liability for not meeting a key date
  • key differences in delay assessment and liability for delay between the different types and versions of NEC Engineering and Construction Contracts.

Occupational relevance

Training delivered against this standard would be relevant to the following occupational group(s):

  • developers, contract administrators, sub-contractors
  • commercial managers, quantity surveyors, management and leadership

Candidate pre-requisites

There are no candidate pre-requisites as part of this standard. However a basic knowledge of NEC Engineering and Construction Contract terminology and procedures would be beneficial and it is advised that the NEC contract introduction course is taken in advance.

Instruction/supervision

As a minimum, course instructors must be able to demonstrate that, in relation to this standard, they have:

  • a train the trainer or instructional techniques course certificate
  • successfully completed training to this standard 
  • at least 2 years relevant industrial experience
  • a verifiable CV.

Delivery

Delivery may be in an on or off the job environment.

All materials and equipment must be of a suitable quality and quantity for candidates to achieve learning outcomes, and must comply with relevant legislation.

The class size and candidate/instructor ratio must allow training to be delivered in a safe manner and enable candidates to achieve the learning outcomes.

The following delivery methods may be used in the delivery of this standard:

  • classroom
  • a blend of classroom and e-learning

This standard is considered to contain 51% or more theoretical learning.

This standard is considered to be set at an intermediate level.

Assessment

For the successful completion of training, candidates must complete an end of course practical assessment or knowledge test that measures the learning outcomes and has a pass or fail criteria.

Quality assurance

Quality assurance against this standard will require initial approval of the training organisation and their content mapped to the standard. 

CITB will also conduct an approval intervention, either desk-based or centre visit, to ensure the training organisation can meet the requirements of the training standard. 

Approved training organisations (ATOs) will be required to present information on records of training and assessment upon request to CITB for desk-based analysis. They will also be visited annually by the CITB quality assurance team.

Renewal/refresher

There are no mandatory renewal or recommended refreshment requirements for this standard.

Approval date

To be confirmed

Review cycle

Either on request or in 5 years from approval date.

Learning outcomes

The candidate will be able to: 
Additional guidance to support learning outcome
explain the principles for assessing delay
determine test of causation for assessing delay and/or key dates and changes to the prices
determine whether test of causation is the same for time and monies
  • amount of money as a direct cause of delay in time
establish whether claims under traditional contracts apply at all or in which circumstances under NEC
determine the relevance of prospective versus retrospective assessment to the different types of compensation events and different assessments
  • Clause 61.3 and watch for bespoke ‘Z’ Clauses
consider revised programmes and assessment of compensation events for concurrent delays
  • concurrent contractor culpable delays with compensation event delays
plan to deal with delays in revised programmes
  • NEC3 Clause 32.1
  • NEC4 next regular updated programme
explain the programme as a base-line for assessing delay and compensation events
 
describe the implications of actual progress, new events and matters occurring after the data date of the base-line programme
  • updates and revisions to programme
assess implications of project manager’s and contractors assumptions as the basis for assessment
  • Clauses 61.6 and 63.7
describe risk /early warning allowances that have a significant chance of occurring
  • Clause 63.6
  • NEC3 and 4 terminology changes
determine concurrent effects of multiple compensation events

explain ownership of time risk allowances and float

assess defined cost of delay

explain delay damages under X7

describe liability for not meeting a key date
  • Clause 25.3
describe the main differences in assessing, programming and defined cost of delay between the different types and versions of NEC Engineering and Construction Contracts
  • between primary and short contracts and between NEC versions (3 and 4)
  • terminology changes between NEC 3 and 4