We have a NEC Option A Contract with options X5 and X7.
We have a Contractor who is right of Sectional Completion but Completion of the whole of the works is not yet due. The Employer has taken over the works whilst the criteria for Sectional Completion has not been met, but still needs to be met for food processing equipment.
We have held the Contractor present and supporting the operation of the product and facility since take over at their cost, but now we need testing required under the criteria for Sectional Completion to take place.
Am I correct in thinking,
A Compensation event is due under 60.1 (1) for changing how the Contractor provides his works and making the Contractor stay and operate the product and facility even though he was late.
No Compensation Event under 60.1 (15) take over before completion and the completion date as the Contractor was already right of Sectional Completion but not Completion of the whole of the works. The required testing is also the Contractors risk for being late, despite the Employer taking over pushing the Contractors late and final requirements further right.