Decision

The Parties entered into a NEC3 Engineering and Construction Contract (ECC) Option A dated 31st August 2023 relating to the Highway and Public Realm Works in the Adoptable Highway as part of the York Station Gateway Scheme (the Contract). Following an Early Contractor Involvement period which began in May 2023.

The Contract included a provisional sum for the relocation of the York Railway Station substation. This was subsequently instructed into the Contract as Compensation Event (CE) CE180. Unlike the Highways works included in the Works Information, the substation is to be built on land whose ownership will remain with Network Rail and is predominantly being delivered by a specialist subcontractor with experience in substation construction.

The Planned Completion dates for the original highways works and the substation works are diverging. It is in the interests of both parties to separate the Highways works from the Substations works though Section Completion.

The Parties now wish to amend the Contract as set out in a Deed of Variation (DoV), to include Secondary Option X5 – Sectional Completion, and to update the Contract Data and Works Information accordingly, with effect from the date of the DoV.

The Parties acknowledge that the DoV has been negotiated in draft prior to execution and that further CE’s may be implemented under the Contract before the Variation Date. The Parties intend that the Sectional Completion Dates inserted pursuant to this Deed shall reflect all CE’s implemented under the Contract as at the Variation Date.

The DoV is to record the agreed amendments and ensure the amendments are legally binding.