Can a contractor recover costs, under an Option C, for carrying out works after award, but before the Starting/Access Dates. Arguably on award the contract is in place (under contract law) and therefore if he carries out, for instance, some off site work, preparing plans etc, can he recover later, after the Starting Date with his first application. To me we should distinguish Start from Starting, in that the latter is simply the setting up of processes etc and therefore I see no reason, or any clause within the Contract, why payment should not be processed.
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Welcome to the community.
Provided you satisfy the requirements of the Schedule of Cost Components and the cost is incurred in Providing the Works then it would be “recoverable” Defined Cost (subject to it not falling under the criteria of Disallowed Cost)
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Thanks Dave for speedy response, great site and your response confirms my thinking.
The Disallowed clause of ‘should not have been paid to a contractor in accordance with its contract’ is a little vague and if the first (even tender) programme only provided for work from the Starting Date, then I was dubious it could be a reason to disallow if works were done prior to anything programmed (i.e. if the programme was from starting date and not award as it usually is under Cl.31)
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