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NEC ECS: Should the Completion Date be Actualised when work is past the date and CEs havent been Implemented

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I am working for a PC and a Sub-contractor has submitted a Cl.32 Programme (NEC3 Contract) with the Completion Date milestone sitting on the Data Date (on a date later than the date shown in the Contract).

The works have been delayed and have continued past the Completion Date and Compensation Events have been raised by the Sub-contractor requesting more time but the durations have not yet been agreed nor the CE's Implemented.

I believe the Completion Date milestone should be Actualised on the Programme submission on the date shown within the Contract, until the CE's has been Implemented. Am I correct?

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