We have had a situation arise where we need to evaluate EOTs on three potential CEs. However we have a prior accepted CE, which has been detailed in an accepted CL32, that has grown considerably now we have learned further the seriousness of the delay, through time and investigation. Our ECC PM is claiming that the previous accepted CL32 programmes now are not valid, because of the information we now know regarding this prior CE. He is aksing that the true delay, with hindsight, be incorporated into the previously accepted programmes, BEFORE we can then evaluate the three smaller CEs. This seems to go completely against the NEC contract rules and just does not sit easy with me. Does anyone else have any experience of being asked to revise previously accepted programmes? What is the point of accepted programmes at all, if accepted programmes can be manipulated after they have been accepted?
Many thanks in advance for any help offered.
look to see if thee is any case law that can be used as precedence
Zoltan, once again thanks for your reply and useful info. It did feel that this was wrong and I was uneasy about it. We are now discussing internally how to approach this.
the EOT's were made with the information known at that time. Stuff changes every single day.
What if the time goes the other way against the ECC PM ? Does he really want to now open ALL delays AGAIN.
What is done and has been submitted and approved remains that way.
Thats like buying a car and then going back to the dealer to get a lower price after the fact.
Also this is not like best buy guarentee to give you the lower price if it drops in 30 days.
You cant do hindsight. If he wants to do hindsight then you will have to wait until AFTER the project is over and then reconcile all of the delays using an as-built schedule.
This is like asking you to revise a baseline schedule that incorporates a delay that happened AFTER the start of the project.