Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is a free community help desk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.

5,326 questions

5,703 answers

1,262 comments

Register its Free

Download here

NEC3 contract for programme of works, with projects underneath with no specific contracts

0 votes
70 views
My colleague is working on an NEC3 programme of works, which has within it a number of individual projects. These projects do not have a specific contract assigned to them, but fall under the other-arching NEC3 (Option B) contract.

For “Project A” a clause 31 has been agreed. Since then, a number of delay events (both parties) have occurred.  How do you assess delay to completion, when there are no key dates or contract dates are relevant. Do you treat the original “planned” date as the contract date, or is it the overall NEC3 contract date that’s to be used?

( not come across a case like this before, surely there should be key dates in the main contract!?)
asked Mar 21, 2018 in NEC3 and NEC4 Contracts by KMP2017 (880 points)  

1 Answer

0 votes
 
Best answer
I have set up a similar arrangement (at a very high level). Essentially, if
- you have separate projects with no individual sectional Completions or Key Dates; and
- these projects are independent of each other i.e. one finishing later does not impact on another;
then, from a purely contractual viewpoint, it doesn't matter if you are late on one project as there are no delay damages to pay.

However, in terms of changes to the Prices, there might well be a cost as you are on-Site longer etc.
answered Mar 21, 2018 by Jon Broome Panel Member (59,440 points)  
selected May 10, 2018 by Glenn Hide