When assessing delay to construction programmes how do I decide who owns the programme float - the project or the contractor?

Question

Acknowledgement - article by Charles Russell Speechlys Solicitors

https://www.charlesrussellspeechlys.com/en/news-and-insights/insights/constuction-engineering-and-projects/2019/its-about-time/>

Steve Hardy · Answer

Under the NEC forms, the contractor â€œownsâ€ the float in its programme, as clause 63.5 provides that the delay is assessed by reference to the â€œplanned Completionâ€. This is a reversal of the position under contracts which are silent regarding float (e.g. the JCT forms), where the project â€œownsâ€ the float and therefore it is used up by the first relevant delay, irrespective of whether that was an employer or contractor risk event. The employer may therefore amend this provision so that the project â€œownsâ€ the float and any Compensation Event is assessed by reference to the Completion Date, rather than â€œplanned Completionâ€.

See Charles Russell Speechlys article : https://www.charlesrussellspeechlys.com/en/news-and-insights/insights/constuction-engineering-and-projects/2019/its-about-time/

When assessing delay to construction programmes how do I decide who owns the programme float - the project or the contractor?

Delay

EOT

Programme-Analysis

Programme-Float

Steve Hardy

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