I’ve recently started on a project that is a couple of months after Contract Award, and have discovered that the Contractor’s Programme submitted with the Contract Data Part 2 does not comply with the Works Information – in particular periods stated by the Employer for activities by the Employer/Others. These “errors” were also present in 2 subsequent Accepted Programme, and are part of the critical path for the Contractor to achieve the Completion Date.
We have recommended that the future programmes are rejected until such time that the “errors” are corrected and the programme is compliant with the Works Information.
The Contractor is arguing that because the Programme was submitted with his Contract Data then the dates & durations shown for Employers / Others activities supersedes the periods set out in the Works Information, even where the durations are unrealistic (eg 0 days for an activity that the Works Information takes 10 says).
So, can we reject the Programme for non-compliance or has the signing of the contract tied the Employer into the dates & durations within the 1st Accepted Programme??
Further, some of these shortened Employer’s activities have already occurred and the Contractor has notified Compensation Events for not providing / working to the dates shown in the Last Accepted Programme.
Our initial response has been rejection of the Compensation Event as the Employer’s activities were completed within the periods stated in the Works Information, and therefore the event has not occurred.
However, under 60.1(3)&(5), the Contractor does appear to have entitlement to compensation.
So, even if the future accepted programmes are altered to comply with the Works Information can we reject the Compensation Event??