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NEC ECS: Key Dates not met in the past

+1 vote
Under an NEC3 ECS (A) contract, where the subcontractor has not met the requirements of a Key Date, through various reasons, but mainly through delays caused by no Access provided by the Contractor - In the absence of a CE quotation being provided by the Subcontractor the dates have not been changed as yet. In the meantime, how should the Subcontractor display these key dates (Contract not Planned) on their Revised Programmes? Actualise the dates in the past (say a year ago) or let the Planned dates drive them out to act as a 'proposed' new date?
asked Sep 27 in NEC3 and NEC4 Contracts by KMP2017 (320 points)  

1 Answer

+1 vote
You should be showing a “planned Key Date” milestone and a “Key Date” milestone. If indeed the “Key Date” is in the past then you have no choice but to actualise it, but the “planned Key Date” will show when you plan to achieve that milestone. In the background it should have notified a compensation event and then going through the quotation/assessment/implementation phases to agree the cost and also time effects of that event. Once implemented and there is an agreement the “Key Date” entitlement was later then you can “re-actualise” it to the agreed date and see where it now is in relation to “planned Key Date”.

If this is “say a year ago” then I think both Parties have a big problem that things are going so long without agreement and understanding their relative liabilities.
answered Sep 28 by Glenn Hide (33,040 points)  
Thanks Glenn.

This was my view on the best way to demonstrate it also, but was looking for a second opinion.