NEC ECC: Impossible to move forward a Completion Date because of omission?

NEC3 and NEC4 Contracts Time
1

I would like to know if it is possible to move forward a Completion Date if the Project Manager instructs to omit some works?

According to my understanding, the only ways to move forward Completion Date in under acceleration and accepting Defects provision, which is obviously not applicable here.

Should the parties exercise their power under Clause 12.3 in order to move forward the Completion Date?

2

No you are 100% correct. The only way contractually that Completion Date can come forward is through acceleration(36) or accepting a defect (44).

3

Thanks for the reply. So in other words, NEC provides no omission mechanism and the only way out is to go through Clause 12.3?

4

It is not correct to say that NEC provides no omission mechanism; the Total of the Prices is reduced by the change in Defined Cost resulting from the omission, including ‘prelims’ type time-related costs if planned completion is earlier. The only thing that doesn’t change is that the Completion Date doesn’t move forward and, therefore, there is no change to the date from which Delay Damages may apply. There are legal reasons for this in that the Parties have contracted to complete the works by a certain date and this cannot be changed except by a supplementary agreement.