NEC Practice note 1 helps explain the intent of the contract. Whilst this practice note expressly states that it is for NEC4, the same principles exist for NEC3 except we do not have the switch point named as “the dividing date” which it has been named as in NEC4. In simple terms, it is the last Accepted Programme BUT taking into account progress and other CE’s that have occurred up until the new CE was instructed/notified.
Any CE assessment evaluates the movement of planned Completion, and Completion Date moves by the same amount. In the example you give, if the first CE moves planned Completion by three days, and then the second CE moves it by a FURTHER three days, then the Completion Date would move by six days. The idea of the CE is the Contractor is in the same position they were before the CE than they are afterwards.
If the Contractor was already running late themselves and there was already a delay to planned Completion of three days, and the CE does not further move planned Completion as the CE runs parallel with the Contractor delay, in this instance there would be NO delay to Completion Date.
Terminal float is owned by the Contractor. I know many Employers/Clients struggle with the concept of “you have four weeks terminal float – if I delay you by just a week why do you need Completion Date moved”. However, the contract has to draw the line somewhere.
Any CE assessment evaluates the movement of planned Completion, and Completion Date moves by the same amount. In the example you give, if the first CE moves planned Completion by three days, and then the second CE moves it by a FURTHER three days, then the Completion Date would move by six days. The idea of the CE is the Contractor is in the same position they were before the CE than they are afterwards.
If the Contractor was already running late themselves and there was already a delay to planned Completion of three days, and the CE does not further move planned Completion as the CE runs parallel with the Contractor delay, in this instance there would be NO delay to Completion Date.
Terminal float is owned by the Contractor. I know many Employers/Clients struggle with the concept of “you have four weeks terminal float – if I delay you by just a week why do you need Completion Date moved”. However, the contract has to draw the line somewhere.