Is there a point at which a programme submitted with a contractors tender has to be treated as the first programme submitted for acceptance?
A contractor is raising an early warning for the mobilisation period prior to the access date and making reference to the programme submitted during the tender and appointment process as not having been “not accepted”. His claim is that as he was awarded the contract the programme was accepted.
The contract is NEC3 option A and Contract data part 1 required programmes to be submitted at intervals no more than monthly.
31.3 makes reference to the first programme as being submitted within the stated period i.e. no later than 1 month.
Does this timeframe kick in following the contract date or the access date?
Basically, what contractual standing does the programme submitted as part of a tender have?