We are the project manager on an NEC4 Engineering and Construction Contract (ECC). Unfortunately, the contractor has failed to complete the works on time. We notified an early warning and carried out early warning meetings in advance, but still the delay occurred. We are used to raising a non-completion notice with another standard form of contract, but cannot see such a requirement in ECC or the cloud-based contract management system we are using. Is there such a thing?
The ECC is quite different in this regard to other standard forms of contract in that no pre-warning notice of delayed completion is necessary. If the contractor is late and option X7 on delay damages is included in the contract, you can retain the delay damages in the next payment certificate.
The hope is you can fix the problem through the early warning process. You could also see if the client might be willing to take over some or most of the works and therefore reduce the delay damages. Note the ECC drives the correct processes, not the cloudbased contract management system.