NEC 3 - Option B
Our agreement with a Subcontractor has a Sectional Completion date titled ’ All materials delivered to site’ with delay damages being applied (X7).
The Subcontractor is late, around 90 days, on that S/C date as it stands but, there has been an instruction sent by the Contractor requesting more material which is additional scope.
The Subcontractor is claiming in their CE that their S/C must be changed to when they can deliver this new material, which is the date of the instruction + lead times.
if correct, this means that their 90 days is cleared and their lateness for the previous material is forgotten. Is that correct ?