I have a subcontractor who is running late against their last Accepted Programme. If I now accept his latest programme showing him finishing 3 weeks later am I by default extending his Completion Date and therefore he can come back to me and say he has a new completion date as per his new accepted programme and is no longer in delay?
This is an NEC4 Option A contract.
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No of course not. By accepting a programme (under NEC3 OR 4) where planned Completion is three weeks beyond the Completion Date - you are accepting that is where they are at, not whose liability it is. The only way they can get Completion Date moved is by notifying a compensation event that shows the delay in planned Completion was due to a compensation event. If they are unable to do that, then it is their delay and they will be liable for delay damages unless they can recover that time themselves.