NEC ECC: After a project has been on hold, can the Contractor send in new programme with terminal float which wasn't on any previous revisions?

My project has been on hold for some time and is now due to restart - can the revised Contractor programme contain terminal float which wasn’t on the last accepted programme previous to the project being placed on hold?

The new forecast completion date (including the terminal float added) will make up the new contract completion date as per amendments to the contract. Should this be the case or should I set the contract Completion Date to the newly forecast planned Completion date?

The project is already 8 months behind after being placed on hold due to an unforeseen technical issue hence the original contract Completion Date being changed.

1 Like

I am assuming that the period of ‘on hold’ is subsequent to original contract commencement, with an instruction to stop works, or not start any works, given by the PM, which is a compensation event. I am also assuming that a further instruction to re-start, or start, the works has been given by the PM.

Note that although the works have been ‘on hold’ the other contract requirements would still apply, including the regular submission of a programme for acceptance. The Completion Date would have changed in accordance with the corresponding CEs, assessing the affect on planned Completion accordingly.

You mention, however, ‘amendments to the contract’, which I assume is a Supplemental Agreement, so the Completion Date would accord with whatever is in this agreement. Although this is not the first programme submitted for acceptance, it is essentially a ‘re-baselining’ of the contract scope so would not need to ‘follow on’ from the previous Accepted programme, given the events that have occured between them.