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What happens when the Contract uses a hard NTP & Completion Date but the NTP is not issued on that date?
Does the completion date legally have to slide?
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a way to make sure that this does not happen is to have the compldate base donf of X number of days from NTP.
I am not sure if it LEGALLY slides to the right but you would certainly have a great case if the owner would not extend the end date based on the slippage of the NTP. That would be change order #1 adjusting the end date based on the delayed NTP.
remember you bid the job based on a NTP date but not that NTP date did not happen.
The rigth and fair thing to do would be extend the completion date based on the amount that the NTP slipped. Howver, be aware that if the NTP slipped enough so that it pushed the completion date into a differernt seasonal time period it may not be a day for day slippage.
This is very true for weather sensitive temperature activities.
For example in the north east for planting season is typicall in the early spring and late fall. If the NTP was delayed so that the planting activities that originally planned to be done in the fall have now been pushed into the spring planing season then it is not a day for day slippage.
Likewise if you are paving or pouring concrete. Some asphalt planst close down for the winter and speficifations usually dictate that the ambient air tepmerature must be a certain degree and rising.
Email: PPadmin@planningplanet.com
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