Assessment of Entitlement to Time

NEC3 and NEC4 Contracts Compensation Events
1

Scenario
A Subcontractor is on site who has a works which have a Key Date for a condition to met. The Subcontractor through his own delays was due to miss the Key Date by several weeks. Some time after he missed the Key Date and while he was still working on these works, he was given a CE to provide works which took a week to complete and it was the last 3 days of this week which was the driver for his works to meet the condition of the Key Date (he would have finished his works only 3 days prior if it wasn’t for the CE to be issued).

Question

  1. What is his entitlement to time passed the Key Date? Is it only 3 days or it is the full duration from commencement to completion?
2

Any ‘time’ assessment is the delay that is due to the compensation event, that is how much time has been added to a ‘planned date’ that would not have happened if the compensation event had not occurred.

There are assessment principles associated with how you calculate this time, see sub-clause 63.3 (NEC3) or 63.5 (NEC4) in conjunction with the NEC Practice Note ‘Assessing delays due to compensation events’.

From what you have said, if the Subcontractor would have ‘finished his works only 3 days prior if it wasn’t for the CE’, that suggests the CE delayed meeting the condition stated for the Key Date by 3 days, would would be the assessed time for the CE.