NEC3 contract for programme of works, with projects underneath with no specific contracts

NEC3 and NEC4 Contracts
1

My colleague is working on an NEC3 programme of works, which has within it a number of individual projects. These projects do not have a specific contract assigned to them, but fall under the other-arching NEC3 (Option B) contract.

For “Project A” a clause 31 has been agreed. Since then, a number of delay events (both parties) have occurred. How do you assess delay to completion, when there are no key dates or contract dates are relevant. Do you treat the original “planned” date as the contract date, or is it the overall NEC3 contract date that’s to be used?

( not come across a case like this before, surely there should be key dates in the main contract!?)

2

I have set up a similar arrangement (at a very high level). Essentially, if

  • you have separate projects with no individual sectional Completions or Key Dates; and
  • these projects are independent of each other i.e. one finishing later does not impact on another;
    then, from a purely contractual viewpoint, it doesn’t matter if you are late on one project as there are no delay damages to pay.

However, in terms of changes to the Prices, there might well be a cost as you are on-Site longer etc.