NEC3 Short Form of Contract Programme

Assuming there has been nothing written into the Works Information regarding submission of a programme i.e. format, content etc. the ECSC 2013 says that the Contractor submits a forecast of the date of Completion to the Employer each week and then the Employer decides the date of Completion and then certifies it to the Contractor. What guidance is there on how the Employer decides this and what happens if the Contractor and Employer disagree?
Many thanks.

Completion is a defined term at clause 11.2(1) so in deciding if the Contractor has achieved it or not the Employer applies the contractual test:

“Completion is when the Contractor has completed the works in accordance with the Works Information except for correcting notified Defects which do not prevent the Employer from using the works and others from doing their work.”

There are three commercial consequences for the Contractor if the Employer decides a later Completion than the Contractor thinks it ought to have:

  • Retention release will be delayed
  • Liability for delay damages (if used) will be increased
  • Liability for loss of or damage to the works will be for a longer period

The only contractual recourse the Contractor has (if negotiation fails) is adjudication which would only be worth pursuing if the amounts at stake were significant enough.