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NEC ECC: Assessing CE delays against our own delays
A compensation event was notified in May, but due to getting authorisation etc... it will not be started until August. Our last accepted programme was in April.
In that time we have suffered our own delays.
As the CE came first can we impact the last accepted programme at the time of the compensation event increasing our EoT?
Or do we have to use the most current "as-built" information up to the point we'll start the works, and get no EoT?
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You still assess the CE as a forecast at the point when it is instructed/notified. If that was before a Contractor delay then yes that should be assessed first. Any of your own Contractor delay that couldn't be mitigated that you had already incurred between April (last Accepted Programme) and May (date event was instructed/notified) should be taken into account first, and then the effect of the Ce against that programme to see/justify entitlement.
It is anther example where it is good to agree CE's as quick as possible to avoid the issue of people wanting to use hindsight even if the contract does not say that.
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