We are engaged in a NEC3 Option A contract.
In order for the Contractor to complete their works, there are activities that must happen in-between the activities of the Contractor. The Contractor acknowledged, pre-award that the works would be carried out in a phased approach and that there would be a de-mobilization period between Phase 1 and Phase 2.
At Tender stage, the duration of the activities, to be done by Others, was not defined. The Contractor therefore in their submission and again on the acceptance of the first Programme, made allowance for the activities and made an assumption of the de-mobilization period.
Now that the works are underway, the client has made available the Programme of Others. The durations provided far exceed the allowance made by the Contractor (1month vs 7months). The Contractor is now required to de-mobilize from site for a period of 7months, as apposed to the 1month allowed and accounted for.
Does the Contractor have a right to raise a compensation event? If so, under what clause? OR does the Contractor accept the prolonged de-mobilisation and accept time extension only?