NEC ECS: Option A Subcontract - Key Dates

NEC3 and NEC4 Contracts Time
1

We currently have Key Dates under an NEC3 Option A Subcontract. Subcontractor A was unable to access certain parts of the works due to Subcontractor B completing remedial works. This has resulted in a CE for standing time from Subcontractor A and their Clause 32 programme showing that they will not hit the Key Dates.

I understand that there is nothing we can recover from Subcontractor A for not hitting those Key Dates as they were delayed by others. My question is what do we now do with the Key Dates in the Subcontract? Do these have to be revised or are they just shown in Subcontractor A’s Clause 32 programmes as revised dates?

2

I assume you are the main Contractor. The delays caused by Subcontractor B are a compensation event under subcontract for A : this could, for example, be under 60.1 (2), (3) or (5) and are consequently put back by the time effected: see the second sentence of clause 63.3.

Subcontractor A then has the obligation to hit these revised Key Dates.