Following pre-contract discussions between the Client and Contractor, and after contract award, the PM has notified a CE giving the Contractor additional time to complete the contract (i.e. amended the duration stated in Contract Data Pt.1) due to uncertainty on some constraints by others which may restrict access to some work. It has been agreed that there will no cost effect.
This does not appear to me to be permitted in an NEC Option A contract. Could there be unintended consequences for either party?
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Hi Graeme - It’s not permitted, the PM can’t just change the Contract Data. There could be lots of consequences of this, for example if Key Dates are present, will they move those too (hypothetical as the PM can’t move the Completion Date to suit). Completion Date moves by implementation of Compensation Events on the critical path & acceptance of a quotation for acceleration. The PM can instruct a change to a Key Date, this is a Compensation Event Cl.60.1.(4).
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I would add that the Parties (not the PM) can agree whatever they want to provided they commit it to writing and sign it, see clause 12.3.