NEC3 ECC: Option A:
The Contractor has put an “un-agreed” access milestone for an area of the site in their Cl.32 programme. This access requirement is not a contract access date (as per contract data part 1). The programme was accepted and the date missed. The Contractor has raised an NCE under Cl 60.1 (2). This is all correct but what affect does Cl 31.2 fourth bullet point have, this states that order and timing of works must be agreed with the contractor or in the Works Information, this was neither of these. Does the PM have a case for arguing the Contractor is including I un-agreed requirements into the programme ?