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Answered: NEC ECC: Delays to Employer design release

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This is an interesting one !

Clause 63.3 is the clause which governs the calculation of the delay to the contractual Completion Date with reference to how far back practical Completion is delayed. The same principles apply for section Completions and Completion Dates.

So if you had programmed in to start work on the dates when the Employer was due to give you this information, you could argue that Completion would be delayed by the same time and hence the contractual Completion Date would be put back by the same time.

However, the Employer is correctly arguing that you have free float in your programme - between when they issue the information and when you plan to start doing the work - which they can use up for these compensation events. You don't give when you were planning to start this work, but if it was after the date the Employer actually supplied the information, then there is no delay to you and hence putting back of the Completion Date.

If, on the other hand, they gave it to you after you were planning to start the work, then planned Completion would be delayed by the difference and hence this would be the time that the Completion Date was put back.

I hope I have read your question correctly. If not, add a comment.

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