Answered: NEC3 ECC: Assessing extention of time entitlement from "incorrect" programme

This is where the contract is not specific enough. The contract states that it is assessed against the Accepted Programme - but does not explicitly say whether you take into account progress, delays and other things like incorrect logic in the programme. Equally it doesn't say you cant do that. The only practical way to do this (which I think is contractual as well but not clear enough within the words) is to take into account progress and other things you know have happened since the last Accepted Programme up to the point the CE became apparent.  So my answer to your question would be the latter.

Here is a link to an article I wrote in the NEC User Group newsletter which explains this in more detail:

http://gmhplanning.co.uk/publication/which-programme-to-use-when-assessing-compensation-events/