If a Contractor is in delay by 4 weeks (Contractor delay) and a CE is implemented by the Employer which causes a delay of an addtional week onto the 4 weeks, then is the Contractor able to request a EOT of 5 weeks to the Completion Date? The Contractor is willing to accept 1 week Prelim cost but is looking for 5 weeks in terms of time as the CE is preventing him from finishing on the Completion Date.
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This question has been re-asked a slightly different way (see Contractor delay followed by Employer delay) but I am afraid will give the same answer. The Contractor delay has moved planned Completion by four weeks and there is no entitlement to move Completion Date. The Employer delay/compensation event then moves planned Completion by one week and therefore there is an entitlement to move Completion Date by one week.
If this now means that planned Completion is four weeks beyond the Completion Date then that would mean it is Contractor’s liability.
Glenn is quite right. Have a look at the case of Adyard Abu Dhabi -v- SD Marine which, though not a NEC based case deals with the principles in play quite thoroughly in circumstances where there is an Employer Event after the original date completion should have occurred but the contractor is already in substantial delay