Hi LeroyS, firstly the programme is not treated as accepted until or unless you invoke the sanction against the Contractor by notifying them of their failure to respond within the 3 weeks allowed - the wording in 31.3 is that you “may” notify, so you can choose to notify or not but it goes on to say, if you notify an additional two weeks is afforded to the Contractor to reply, i.e. accept or not, if they do not respond within the two weeks then the programme is treated as accepted.
I do not believe that you have lost the opportunity to notify, again the use of the word ‘may’ allows you to choose if or when you notify; if it said you notify forthwith then that would be a different matter, it does not.
It is good that you continually issued revised programmes and you should continue to do so but the fact that you have not received any comment cannot be taken as they are accepted; you have to force the Contractor to do their job properly and invoke the time sanction otherwise they will stay silent.
The Contractor is in breach of clauses 10.1 & 10.2, 31.3 and the latter triggers a CE under clause 60.1(6) which you have 7 weeks to notify from the date it happened under 61.3 otherwise you lose your entitlement to have the Prices and Completion Date changed; so notify the CE.
The issue of the access dates is intriguing, the access dates stated in the Contract Data cannot be changed under clause 33.1 the Contractor allows access to and use of each part of the Site on or before the later of the access dates or the date for access shown on the Accepted Programme, but I do not think you are compelled or obliged to start work earlier than the access dates as clause 30.1 clearly states that the Subcontractor does not start work on Site until the first subcontract access date so I would suggest it is entirely up to you whether to start earlier or not. The problem here is that earlier access is not a compensation event, clause 60.1 (2) is a CE if access is not given but not if it is given earlier.
With regards to the lack of reply to submission, again this is a CE under 60.1(6) and you should notify it, you also separately notify early warnings that Completion and the Prices are under threat because of the lack of response.
Clauses 60.1(2), (3), (5) and (19) are triggered by a failure to work to the Accepted Programme, if you do not have an Accepted Programme then technically they cannot be triggered but as you say you do have (6) but you must notify within 7 weeks, you may also use 60.1(14) by referring to clause 80.1 2nd bullet point.
happy to discuss further if you like.