NEC3 How to calculate delay impact in period where no programmes are accepted.

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David Gray
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I am working on a NEC3 project which has gone several months without having an accepted programme.

What is correct way to assess a compensation event in the period where there is not an accepted programme?

For example the last accepted programme is January and the event occurs at the start of June.  Should progress from the End May rejected programme be added to the January programme to give a more realistic position at the time of the event.  At the moment if the January programme is used the event is overstated.

I guess the question is also; if progress is added to an accepted programme is the programme still accepted? 

Opinion here is divided.  

Any views?





Rafael Davila
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No matter if accepted or not I believe you shall submit for the record the periodic actualization of work performed as well as your TIA's using what you have on hand. Whatever the client does is another issue but keep it on record. Then latter on you might simulate contemporaneous TIA rather than forensic.  If you do not timely put in record your claims you might waive some rights. 

Keep on record you are doing everything that is reasonable, that your submissions are reasonable, if latter on comes out your schedule submission was reasonable as well as your claims it will go in your favor. No schedule is perfect and everyone knows it. 

Schedule Updates are different to Baseline Revisions; Schedule Updates can show a delayed schedule that you can get back in track, when too far then a Revised Baseline is in order.  Unfortunately reaching to an agreement with regard to a revised baseline can be very difficult especially when there are many unresolved delay claims but the schedule actualization on work performed shall not be interrupted by any party.