4.3  Late Delivery of Facilities

The Contract does not entitle the Board to compensation if the buildings are completed late.

However, as the Contractor's income stream does not start until the Facilities are completed:-

4.3.1  it is receiving no money for the period that it is late so will be losing profit and may be penalised by the senior lenders for failure to start repaying the senior debt;

4.3.2  the contract period will not be extended so by the period of delay so the unpaid Monthly Service Payment (see paragraph 11) will be lost forever. E.g. if the Contractor is six months late, it will receive six fewer Monthly Payments over the life of the Project.

Additionally there is a "long-stop date" and if construction is not completed by this time, the Board can terminate the Contract (see paragraph 24(Clauses 19.1 and 44)).