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Answered: NEC ECS: Access Date windows, Key Dates and additional prelims

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I have assumed that there are no Z clause directing how to interpret the “window”.

In respect of the anomaly between the (Subcontract) WI and the Subcontract Data there is no set precedent. Arguably, since the Subcontractor is to Provide the Works in accordance with the Subcontract Works Information the WI would take precedent however this should not be assumed and the Project Manager should be requested to clarify. The access date is, by definition, the date given in the Subcontract Data so changing those dates would require agreement between the 2 parties which could have financial consideration. This situation highlights the need to robust contract documents.

Whilst not in accordance with the standard contract, the intended use of a “window” for the Employer to provide access seems clear and I would not consider a CE was due provided access was given within the "window" (or in accordance with the subcontractor’s accepted programme if later).

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