We are on an NEC Option A subcontract and have an agreed Clause 31 Programme in our subcontract. We also have access date windows within our Contract Data part 1. As the access dates have windows i.e access between 1st January and 1st February these are not captured in the programme.
In the event of delay which takes precedence the programme or the CD Pt1?
Iām not clear what you mean by the access date not being captured in the programme. Do you mean the programme shows the order and duration of activities but without any dates?
The test for a compensation event, 60.1(2), is the later of the subcontract access date and the access shown on the Accepted Programme.
I would suggest that if you do not have date shown on the Accepted Programme then the default is the date within the contract Data and would be the 1st February.
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