The contract I have been given has the following Subcontract Data Part one:
Access Dates: each area states it will be notified under Clause 30.1 between an earliest and latest date (which have been given).
Key Dates: Each area defined as a number of weeks after the Access Date.
The date has now moved past the latest date defined for access, but nothing has yet to be notified by the client.
An NCE will be raised due to late access but in the meantime what should be shown in the programme for the Key Date? A Key Date can only be changed due to an instruction or compensation event. However, as the Key Date has been defined as a period after the Access Date is this still the case?
Secondly, when it comes to assessing the CE should the definition of the date for the Key Date be taken into account? I.E even if the delayed access date does not move the planned completion should the Key Date maintain the same number of weeks after the Access Date.