NEC ECC: Lack of Employer access under option A on the programme being a CE?

Firstly, the programme does not trump the contract, so if the Contractor has put a date on the programme by which he requires access to a particular part of the works, that does not supersede the access date stated in the Contract Data. It is only a compensation event under 60.1(2) if the Employer fails to give access by the later of the access date in the Contract Data and the date shown on the programme.

The fourth bullet point of clause 31.2 relates to work undertaken directly by the Employer or by Others and not work to be done by the Contractor.

The PM’s case for arguing the Contractor is including ‘un-agreed’ items is to reject the programme for one of the reasons at clause 31.3, probably either the 1st or 3rd bullet point.