Within NEC 4…
Cl63.5 tells us to assess the impact based on the Accepted Programme current at dividing date.
Cl63.1 tells us the dividing date is the date of the communication.
In most cases this following scenario wouldn’t happen but on the rare few it might…how do we deal with the assessment of time for the element of the works which are now part of the as-built information within the Accepted Programme due to the late communication from the PM or Notification of CE. (so if the event occurred a number of weeks back, then the latest Cl32 was accepted and the works associated with the future CE were now as-built).
The Accepted Programme would have captured the delay (if any) associated with this future CE but it would also have captured all other delay within that period and therefore unless you went further back you would not be able to demonstrate this part of the delay associated with the CE.
Within NEC 3 there was the there was the wording to assist this scenario - under Cl63.1…the date the PM instructed or should have instructed…
One answer would be …well get your notifications in so this doesn’t happen - but inevitably it will happen so when it does how do we deal with it.