NEC3 ECC: Can the PM instruct changes to a Key Date?

The Contractor is to deliver a number of rooms for a number of Key Date’s. As time has developed an understanding of a wider programme of works from the signing of the contract the rooms which are required to be available (Condition stated) for a Key Date have changed. eg 5 GF rooms are now 5 1st floor rooms.

The PM is not requesting acceleration and will consider later dates for the Key Date.

Do you introduce the new rooms as a constraint to the Works information or are the mechanism available to change a Key Date [11.2(9), 14.3, 60.1(4)] ?


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Under clause 14.3 the PM can issue an instruction which changes the WI or a Key Date. The changes to a Key Date are managed in the same way as for sectional completion.
The PM can give an instruction which changes a Key Date stated in the Contract Data e.g. date it is to be achieved, conditions to be met, etc, and this could be a CE 60.1(4).

The PM does not have the power to completely change the Key Dates or introduce new ones, this would require a clause 12.3 written agreement between the Parties to the contract itself.