Discrepancies between Contract completion date and Contract Data Part 2 Referenced Programme

In relation to an NEC 4, option A sub-contract, in the NEC agreement we have stated the completion date is 55 weeks from the access date but the programme referenced in Contract Data part 2 shows 61 weeks from the access date.

Due to the conflict which dates take precedence?


Provided the optional statement in SCD2 which allows the Subcontractor to set the Subcontract Completion Date has not been used, then the SCD1 will take precedence as the definition of the Subcontract Completion Date is the subcontract completion date i.e. the date identified in the Subcontract Data - 11.2(16). The programme does not and cannot set the Completion Date.
If the optional statement in SCD2 has been used then you have an ambiguity and inconsistency between contract documents which must be notified under clause 17.1 and can only be resolved through clause 12.3 negotiations which must be mutually agreed and confirmed in writing and signed by the Parties.
Hope that helps?

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