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NEC ECC: Can I claim a lost shift NCE under option A after the Contract Completion date?

+1 vote
The client has never actually completed the design despite the contract requiring this prior to commencement. After one year we are still carrying out works. The Contract Completion date has passed, we keep on submitting programmes every month but the client does not accept them. We do have one accepted programme but it is 6 months old.
asked Jul 30 in NEC3 Compensation Events by iainraeqs01 (230 points)  

1 Answer

+1 vote
Surely if the client is designing the contract on the hoof, that will (a) be a compensation event as they will be adding to and changing the Works Information and (b) causing you delay.

In which case, the original Completion Date should have been going backwards ?

Regardless, it does not actually matter whether you are late achieving Completion or not as if the Employer delays you, it is probably a compensation event and the Completion Date is put back the same amount of time that Completion is delayed by reference to the Accepted Programme.
answered Jul 30 by Jon Broome (25,100 points)