NEC ECC: When is Completion achieved when a PMI takes element of work beyond Completion Date?

NEC3 and NEC4 Contracts Time
1

The Project Manager’s Instruction instructs under clause 14.1 to provide advice and management support until a specified date in accordance with the Works Information. The appended Works Information was overarching and requested deliverable beyond the specified date. The ambiguity is when are works complete? This is an Option E contract.

Does the works complete if the specified date is achieved, or the Completion is achieved. What if the Employer does not change the specified date to complete the works as stated in the Works Information. Completion – means when the Contractor has completed all the work the Works Information states the Contractor is to complete by the Completion Date. Completion Date – means the completion date specified in section 1.2 unless later changed in accordance with this contract.

2

I’d suggest the answer lies in the Works Information. What is the difference between what was in there which you’ve classed as “deliverable beyond the specified date” and what’s in the PMI for “management support until a specified date”? Or in other words what work will you have left to do after the specified date? If there is nothing then surely you can argue that you have achieved Completion at that point? Unless of course in the meantime the PM has issued another PMI requiring further work from you.