In the NEC3 Engineering and Construction Contract (ECC) Clause 60.1(19), bullet point four, the phrase ‘an experienced’ is being subjectively applied by some project managers. Are there any suggestions on dealing with this?
Answer
This particular clause would only generally apply for rare events. All of the preceding parts have to be positively answered before addressing the issue of ‘an experienced’. This term is used to make sure it is not the particular contractor’s experience that is used to judge this part of the clause but that of an experienced contractor. Otherwise, you may have skewed outcomes where a contractor is inexperienced or new to this type of work.
