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Answered: NEC ECC: Planned Completion on Accepted Programme already passed vs Cl 60.1(19)

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Your predicament is not unheard of but I'd be stretched to say I thought it was usual. I'm not sure what this uncooperative PM thinks he / she is gaining by ignoring the programmes you are submitting. It's good to hear that you've continued to submit programmes despite them being ignored, it will but you in good stead if / when you end up in dispute and I'm afraid that's your only remedy in this situation.

The PM is mistaken in rejecting your CEN on those grounds, it is widely acknowledged in industry that the COVID-19 outbreak has triggered CEs under clause 60.1(19). The reasons for not accepting a CEN are stated at clause 61.4, the relevant one in this case being that the event "has no effect upon ... Completion". Note it does not make reference to planned Completion as shown on the Accepted Programme therefore what the last Accepted Programme said is irrelevant. I'd suggest you send a strongly worded letter to the PM / Employer pointing out the error of their ways and if that falls on deaf ears it's adjudication. It sounds like you're unfortunately going to end up there one way or another in any case.

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