I am interested in what takes precedence when there is a difference between access dates stated in the contract data part 1 and the programme included in the contract.
The issue relates to a contract between Sub-contractor A and Sub-contractor B which is NEC 3 Option A. Sub-contractor A is in contract with the Main Contractor for the project – also a NEC 3 Option A.
The Subcontract Data Part One states the subcontract access date is 1 June 2017 and the subcontract completion date to be 40 weeks after the subcontract access date.
A programme was included in the Subcontract Works Information which is the programme from the Main Contract (ie it covers the whole project and not just limited to the scope of this particular subcontract). The activities in this programme that relate to the scope of this contract show a start date of 17 August 2017 and completion 29 weeks later.
The actual dates subsequently changed and the final position was a construction period on site of approximately 40 weeks.
Sub-contractor B is claiming that he only needed to include in his tender for a site duration of 29 weeks (ie as per the programme) and therefore is entitled to 11 weeks additional site costs.
Sub-contractor A considers there is no additional cost as the duration on site is the same as the original dates in the Contract Data Part 1.
Which takes priority?