The Contractor sets off under an Option C target cost with incentivised fee on a demolition project under which they had design responsibility. The Completion Date was agreed as Nov '18.
Their methodology alters dramatically as they approach design completion as their chosen method is shown not to work.
No clause 32 revised programme was ever submitted.
The Contract was amended by agreement removing the target cost and introducing a fixed fee payable on milestone completion. Seen to alleviate the situation at the time.
The revised Contract conditions state “an integrated programme will be collaboratively developed by the Contractor & the PM and is then submitted by the Contractor to the PM for acceptance in accordance with clause 31.3”.
The Contractor does not want to submit his programme as a revised clause 31, instead opting to submit it as a clause 32. That means he doesn’t want the Completion Date to move from Nov '18 to what is now proposed as planned Completion of Dec '20.
There are no LD’s
Milestones will be re-set on the revised programme when accepted allowing the Contractor to earn his fee - this was contemplated by the Contract amendment.
There is no target cost
There are no significant delays other than the initial delay when methodology changed but that was two years ago and is wrapped up in the amended conditions.
What are the consequences for both Contractor and Employer? This amounts to a negative terminal float position, most unusual. Also surely the Contractor is in breach of the revised/amended conditions.