The contractor has submitted documentation to the client which requires acceptance prior to mobilising to site.
This hasn’t been accepted yet and has now gone beyond the date stated in the programme and the project is likely to be delayed as a result.
60.1(3) in the ECSC differs to that in the ECC where it’s the client hasn’t provided something by the date stated in the contract - rather than by the date stated in the accepted programme.
The date by which this documentation was to be accepted by isn’t stated anywhere in the contract, only in the programme. I assume this therefore means, under the ECSC this is not a compensation event?
I just wanted to double check this as in the ECC it would be a CE.
Is there no mention of this constraint on the start date in Section 4 of the Works Information?
If not, could this be a CE under sub clauses (1), (2) or (4)
You could argue that as the programme is a requirement of the contract that the date stated in it is also part of the contract. Surely every action and communication is part of the contract since that’s the only reason you are dealing with the client in the first place? Note there is a distinction between the use of the term “conditions of contract” and “contract”. Also if you were to end up in a dispute about this clause 93.1 states that “a dispute arising under or in connection with the contract is referred to and decided by the Adjudicator” ergo the date in the programme is part of the contract.