I would like to seek clarity on an issue which has arisen on a live project, being delivered under NEC3 ECC Option A.
The Contractor has submitted to the PM a clause 31 programme for acceptance, however the PM is claiming this programme will be considered as a clause 32 revised programme.
The reason for this is that the Contractor has, within Contract Data Part Two Optional Statement, stated the tender programme to be the programme identified in the Contract Data.
As stated within clause 31.1 - ‘If a programme is not identified in the Contract Data, the Contractor submits a first programme to the Project Manager for acceptance within the period stated in the Contract Data’.
Is the PM correct?
If a Contractor completes this Optional Statement within Contract Data Part Two, should the programme as part of the tender evaluation then be assessed against clause 31.1 criteria?
Does the Employer have the ability / permission, before going to tender, to strike out this Optional Statement within Contract Data Part Two, hence removing the opportunity to state his tender programme?