We are working on a civils contract under NEC3 Option B. After the contract was awarded, but before it was signed, the Access Date was postponed by 70 days by the Employer. (contract access date). The Employer moved the key and completion dates in the contract out by 70 days to compensate, and the contract was signed, showing a Completion Date which had been moved by 70 days (contract completion date).
After that event, the Access date was changed a further 9 times, and the PM did not notify compensation events, nor did he move the Completion Date. Finally we were only given partial access to the site on a date which was a further 80 days late. We submitted a revised programme showing the Completion Date being moved out to compensate for the delayed access. The PM rejected the programme and told us we had to stick to the Completion Dates in the previously accepted programme. We were instructed to start immediately, which we did. No further revisions to the programme were submitted or requested.
We are now submitting compensation events requesting that the Key and Completion Dates be moved out accordance with the revised access dates, and seeking to be compensated for the extra cost in delaying the works and only having partial access. The PM is stating that seeing as the last accepted programme showed the contract Completion Date, we are not entitled to have the dates moved and we are not entitled to compensation.
Who is correct here?