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NEC3 ECC: Delay to planned Completion

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The Completion Date is 01.01.2017 but planned Completion date is 31.01.2017. The client has given contractor additional work which takes the completion date to the 02.02.2016. Are the client entitle to pay prelims from 01.01.2017 to the 02.02.2017 or from 31.01.2017 to the 02.02.2017?
asked Nov 28, 2016 in NEC3 Time by AW  
   

1 Answer

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If the Contractor is over running by one month with planned Completion one month beyond the Completion Date and there is a compensation event that moves planned Completion by one day, then Completion Date moves by one day (not one month and a day). This is in accordance with clause 63.3 – which emphasises everything is measured against the planned Completion on the last Accepted Programme. If this were not the case the Employer would be reluctant to ever issue compensation events when the Contractor is already in delay if that meant they would no longer be liable for delay damages.
answered Nov 28, 2016 by Glenn Hide (26,200 points)