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NEC3 ECC: Can Employer bring the current knowledge into picture to assess the CE's and expect the Contractor to mitigate

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My employers is late in assessing a  CE's and the current programme show mitigation from the last accepted programme, the Employer is assessing one of the time impacted CE's and of the opinion that the Contractor need to show the recent mitigations to the CE programme as per the current programme, but the impact of the CE was based on the last accepted programme where in some critical path activities were over estimated, this over estimation was result of the unknowns at that time and now we realise those durations are on higher side, will this allow the Employer to resubmit the quote or CE programme based on the current reduced durations , will this request be valid and acceptable?

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