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Answered: NEC ECC: Should I lose the opportunity to improve on programme dates as a result of the Client not providing something by dates shown on the Accepted Programme?

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The simple answer is that it IS a compensation event, if shown on the Accepted Programme and the Employer is required to provide what is shown.

The time effect is then calculated in accordance with clauses 62.2 and 63.3, which may not impact upon the planned Completion, although has caused remaining work to be altered by the compensation event.  This would be calculated from the date when the event actually occurred, which must be the day after the Employer was due to provide the license, as shown on the Accepted Programme.

It sounds like this produced a disrupting effect whereby your progress was disrupted by a compensation event, resulting in non-productive working.  You don't state how the milestone date for providing the license and the associated works are linked in the programme, so I can't comment on any assessment under clause 63.3 in terms of delay.

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