Hello BI community,
Standard NEC3 (opt C) where the Contract Data’s SC1 and Completion Date incorporate liquidated damages. Consider a situation where in the Project Manager accepted programme the origin of the Contractors critical path to planned SC1 and planned Completion Date is access to an area subject to completion of works by Others (this access does not feature as AD in Contract Data).
The Project Manager has over time intermittently provided revised (delayed) access dates to relevant area by way of PMI (inclusive of CE under cl14.3). It stands to reason that the associated CE’s are assessed inclusive of associate costs (prelims/resource/subby) and extension to SC1 & Completion Date.
Works by Others is seemingly ahead of programme from the Project Manager assumptions provided at PMI-010, as such the Project Manager instructs PMI-011 with forecast access to these works 4 weeks earlier than provisions of PMI-010.
When the Contractor is assessing the impact of associated CE to PMI-011 the critical path albeit 4 weeks earlier to planned SC1/Completion Date remains originating at the PMI-011 access provision. With consideration to the now earlier access there is still enough time/float for 3rd party mobilisation without delaying the Contractors critical paths. 4 week betterment to planned SC1 and planned Completion Date will be reflected in the Contractors upcoming programme update.
The Contractor assesses this negative CE with associated reduction for the costs. The Project Manager will undoubtedly want to improve SC1 and Completion and the Contractor will undoubtedly want to maintain this float.
I understand the Contractor now own this float by way of terminal float - is this correct?