NEC ECC: Programme implications for revoked Instructions

We have been instructed to do additional scope, this instruction was then cancelled which we disputed and requested a further PMI removing the original scope. This has been done but the programme implications are in doubt. We quoted time and cost for the original PMI resulting in a movement of cost and completion.
The second PMI hasn’t had a reduction in programme due to no acceleration being requested therefore no movement to the left of the Completion Date. The costs are not an issue but we are pushing for the completion date to remain to the right of the original completion date even though the scope has been removed again.

These events should both be assessed on their own merit. You assess the effects of the first instruction in terms of time and cost. That establishes any change to the Prices and to the Completion Date.

Now you assess the second instruction/compensation event which is for de-scoping something. You know assess any cost savings that this will bring as part of a (negative) quotation - which should include any prelim savings if planned Completion is now going to be any earlier, and also include any fee that you would have earned as well. However, Completion Date can not move earlier as (as you say) only acceleration under clause 36 can ever achieve that. That would have to be a separate request for an acceleration quote.

It’s also worth noting that acceleration cannot be forced upon a Contractor. The Contractor is obliged to provide a quotation for acceleration only. At the very least it could be argued that the Contractor’s risk of incurring delay damages increases by virtue of the terminal float reducing.