NEC3 - specified a starting date in Contract Data Part One, but this date was not met due to the time it took to award the contract A new starting date was agreed after award.
The appointed Contractor has now issued a letter/compensation event seeking costs as the original date was not met which has pushed the works into the time of year when ground conditions are worse which have caused problems, extra resources needed and overall delays. Is the contractor due anything?
Have a similar situation with ICC GI contract!
MUST a starting date be provided?
The starting date isn’t mentioned in any of the compensation events therefore the fact that it didn’t happen is not in itself a CE. The starting date only means programme and payment procedures commence and insurances are in place.
However it may be that another CE has occurred e.g. failure to provide access to the Site, not providing something, or not working within times / conditions etc.
Also changed physical conditions are a CE in themselves so the Contractor may have entitlement here depending on (amongst other things) what was in the Site Information.
Ideally the Parties should have reviewed the programme prior to contact award and incorporated revised dates into the contract.