I am working on NEC 3, Option C contract. Our contract divides into different section of the works with different Completion Dates. No Key Date is included in our contract.
Can we use Clause 36 to request the Contractor to provide quotation for early completion for part of a section of the works (not whole of a section)?
Clause 36 is really aimed at bringing forward Completion, as in the whole of the works.
Is there a requirement in the WI to complete the relevant element of works by a specific date? If so, you could change that as a PMI under 14.3 which is then a CE under 60.1(1). If there isn’t anything in the WI, you might consider introducing an additional constraint, which would be under the same clauses, but you’d need to consider what the implications might be, before doing so. An instruction for a proposed change (61.2) might be worth considering, in order to avoid issuing an instruction which costs an absolute fortune.
As is so often the case, the full answer depends upon the details of the situation.
Thank you for your response
I think sectional completion of a section of the works is not a Works Information. In addition, my question is whether we can use Clause 36 for early completion of “part” of a section of the works but not “whole” of a section of the works.