Lets create a scenario that has been bothering me for a while on Core clause 35.
The Contractor is ahead of schedule and has completed the project 3 months in advance the client now wants to take over the site and issue a Clause 60.1(15)
The problem/Question i have is there any clause in the NEC3 that will compensate the contractor for early completion?
As there is no cost impact to the contractor there can be no quote for proven cost + fee percentage on 60.1(15) thus no incentive to finish.
The way i understand it is that there is none. In fact the contractor will lose a part of his time related P&G’s if its an option B. Thus the NEC3 only promotes on time delivery and punishes late delivery leaving no incentive for the contractor to finish early in my opinion barring i am not misinformed.
Thus my question what can the Contractor do in this scenario?
- Does he admit defeat and hand over the project giving away potential profit and no financial recognition for finishing ahead of schedule.
- Leave out 1% of the work and reduce the crew for the remainder of the 3 months to ensure he receives his profit on his management porting of his quote (Time related P&G’s).
Or is there another Clause that I missed or one i am misunderstanding