Currently joined a project where the sub-contractor is looking to put in a claim for Prolongation. The Contract is an Option C (Target Cost). The sub-contractor has submitted “and had accepted” several hundred CE’s however none of these CE’s has a time element for delay against them – now the Subcontractor wants to push the Completion Date out to avoid delay damages and also to increase target (Believe the Subcontractor is entitled to some prolongation however seems tricky as wasn’t measured against CE’s). The Sub-contractor has also not had an accepted programme for long periods of time. I understand that any CE’s / delays should be assessed against the last accepted programme however this would be unachievable due to how long ago the last accepted programme was accepted.
What are the options as assessing delay?, we as the Contractor have definitely delayed the Sub-contractor (by how much I do not know!) but what would be the best way of assessing prolongation / time delays? I believe they would not be entitled to the full delays being claimed
Would it be best to revisit every CE against the last accepted programme at the time (literally hundreds?!)
Under NEC3 is it even viable to submit a CE for prolongation? Should this not have been picked up and measured under each separate CE?