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NEC3 ECC: Who owns the TRA on an activity that is deleted from the works information?

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If the PM instructs the deletion of an activity from the works information, and if that activity is on the critical path, does the TRA allowed for within that activity become part of the total float, the difference between planned and completion?
asked Dec 13, 2016 in NEC3 Time by anonymous  

1 Answer

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Any compensation event assessment should include TRA - this is the same for additions or omissions. If that then brings planned Completion forward, it creates terminal float. This terminal float is always owned by the Contractor. I have written previously questioning if this is "fair" where the Employer in effect creates terminal float but there is no such distinction in the Contract. The only way this could be overcome is of the Contractor agrees to bring forward Completion Date by the same amount i.e. "acceleration" for free - but why would they if they don't have to?
answered Dec 13, 2016 by Glenn Hide (24,730 points)