NEC ECS: Should the Completion Date be Actualised when work is past the date and CEs havent been Implemented

NEC3 and NEC4 Contracts General
1

I am working for a PC and a Sub-contractor has submitted a Cl.32 Programme (NEC3 Contract) with the Completion Date milestone sitting on the Data Date (on a date later than the date shown in the Contract).

The works have been delayed and have continued past the Completion Date and Compensation Events have been raised by the Sub-contractor requesting more time but the durations have not yet been agreed nor the CE’s Implemented.

I believe the Completion Date milestone should be Actualised on the Programme submission on the date shown within the Contract, until the CE’s has been Implemented. Am I correct?

2

This is an interesting one. Yes I believe you are correct that it should be actualised if in the past to show it on the correct date. However, as and when there are any further implemented compensation events that had agreed time with them then that “actualised date” should be moved either to a later date that may still be in the past, or moved to a future date if it is now agreed to be beyond the data date of the programme.

This would be a rare case where you could potentially move a previously actualised date.