NCE3 - Option B - Can the PM issue an instruction to move the Completion Date? We are auditing a Work Package which has not been run correctly, lots of small CE’s were implemented without impact programmes. The Contractor’s “Planned Completion” is now beyond the Completion Date. Could the PM issue an instruction to submit a new programme moving the Completion Date to bring it all up to date?, Could this be be issued as a nil value CE (CL.60.1.(1), or a change to a previous communication from the PM CL.60.1.(8) (the changed communication being they communicated that they accepted the last cl.32 programme).
Short answer to this one! No.
You can only move the Completion Date by one of:
- Implemented CE (but there is no CE for the issue you describe above)
- Acceleration (which is the opposite of what you are trying to do)
- Mutual Agreement under Cl 12.3
Given the various CE’s you mention are implemented you also can’t revisit those.
But, so what? I’m inferring that the Client isn’t too bothered about the delay, as you are willing to change Completion with £0 value. Compare with the current situation. Your Planned Completion is after the Completion Date. Not great, but unless you have X7 Delay Damages the consequence of that for the Contractor is only that they are there for longer. I’m guessing they have picked up costs through the various CE’s. So, again, is it actually a problem?