NEC Contract Delay Analysis: A Practitioner's Dilemma: A Hong Kong Perspective

This article examines the gap between the theoretical expectations of delay analysis under NEC contracts and the practical realities experienced on Hong Kong infrastructure projects. While NEC Clause 63.3 promotes a prospective approach using the latest accepted programme to assess compensation events, practitioners often face outdated or unaccepted programmes that undermine the reliability of prospective analysis. As project conditions evolve rapidly, stale baselines lead to inaccurate assessments, disputes over methodology, and increased commercial tension. The author highlights common causes of this issue—such as delays in programme acceptance—and reviews the strengths and limitations of different delay analysis techniques. The conclusion stresses that consistent programme acceptance is essential to preserving NEC’s collaborative and fair intentions, and to avoiding retrospective dispute scenarios the contract form seeks to prevent.
By Cr Rahul PUN, CMgr, NECReg

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