Forecast programme delay past terminal float

I am trying to understand how to deal with a programme issue that will likely take the programme past ‘Completion Date’.
A new programme has been issued by our subcontractor (NEC 3 EES) that identifies that a task is going to take longer than they originally programmed. This task is a delay on the critical path and the subcontractor has stated that this delay is past there ‘Key Date’.
This delay will have an impact on the main programme and is likely to use all of the programme Terminal Float and push works past the ‘Completion Date’ defined by the Main contract (NEC3 ECC option A).

  1. Do I have to accept the new programme by the Subcontractor
  2. If I put this programme into my programme and issued to the client is it likely this will be accepted
    2.1) How do we best deal with a new completion date, or should the completion date stay the same and have a forecast completion date?
    2.2) is there a different way i should be looking at this?

To answer your questions in turn:

  1. If the Subcontractor’s programme does not fail any of the tests at clause 31.3 (not practicable, missing information, not realistic or non-compliant with Subcontract WI then yes you have to accept it.

2.1 Both the Subcontractor’s programme and your programme need to show the Subcontract Completion Date and Completion Date respectively as well as planned Completion. These are separate and distinct milestones in NEC3 and they move independently of each other. The Subcontract Completion Date and Completion date move with CEs or acceleration whereas planned Completion moves with progress or lack thereof. So the programme you submit to the PM will show the current Completion Date (taken from Contract Data as impacted by implemented CEs) and will also show separately planned Completion (as has been impacted by the Subcontractor’s delays). There is no such thing as a forecast Completion Date, the only forecast you make is planned Completion.

2.2 Yes, see above.

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