NEC4 ECC Change to Critical Path

1

NEC4 ECC Option A contract. 6 months into 24 month contract. Contractor has submitted a CE for 12 week delay and significant delay costs due to a utility provider taking longer than agreed to complete works. All programmes have been accepted, critical path shown, CE process followed correctly.

CE was agreed and planned completion and completion date moved out 12 weeks. Next programme, critical path is changed and the works elements that the contractor cited as being delayed now aren’t! Can they do this?

Also, if the contractor finishes ahead of the new planned completion is the Client entitled to any of the CE back?

2

The Contractor is entitled to change its logic and sequence in programme updates and to show planned Completion before the Completion Date. If the programme used to assess the compensation event was corrected then the implemented quote stands. If the Contractor achieves Completion before the Completion Date then that is its benefit.