1. In terms of question 1 I don’t think they are entitled to additional prelims as there has been no change as to what you told them would happen. You have given them access between the dates as you said you would. I don’t like this approach as what is the Subcontractor meant to price at tender stage? I would have had no choice but to price the worst case scenario as you were asking the Subcontractor to price that situation – so not very sensible if you wanted a cheaper tender price from the Subcontractor. If you had been more specific as to when they can expect access they would have priced less risk.
It is a bit like when a Contractor states no starting date and states the Completion Date will be 16 weeks from when starting date is instructed. Again how can I price that as a subcontractor not knowing when I am going to be working – will I be digging in autumn or Winter which will make a big difference to programme and price?
2. Normally programme milestones and a reference to a programme should be stated in contract data, not Works Information. In contract data part 1 the Contractor would state the starting date, and access date(s), and Key Dates or Sectional Completions and the overall Completion Date. In contract data part 2 the Subcontractor would reference a programme if they have submitted one as part of the tender, and if this reference remains in the final signed contract then that is the first Accepted Programme.
I DISAGREE with Dave stating Works Info will take precedence here. For example, definition of Completion Date is the Completion Date stated in Contract Data or as changed in accordance with the contract. A programme in Works Info would not change Completion Date – only implemented compensation events (or acceleration) can subsequently change it.
The Subcontractor should be issuing the Contractor a programme that meets the requirements of the contract and the Contractors dates that they have identified in contract data – not the Contractor issuing them a programme.
It is a bit like when a Contractor states no starting date and states the Completion Date will be 16 weeks from when starting date is instructed. Again how can I price that as a subcontractor not knowing when I am going to be working – will I be digging in autumn or Winter which will make a big difference to programme and price?
2. Normally programme milestones and a reference to a programme should be stated in contract data, not Works Information. In contract data part 1 the Contractor would state the starting date, and access date(s), and Key Dates or Sectional Completions and the overall Completion Date. In contract data part 2 the Subcontractor would reference a programme if they have submitted one as part of the tender, and if this reference remains in the final signed contract then that is the first Accepted Programme.
I DISAGREE with Dave stating Works Info will take precedence here. For example, definition of Completion Date is the Completion Date stated in Contract Data or as changed in accordance with the contract. A programme in Works Info would not change Completion Date – only implemented compensation events (or acceleration) can subsequently change it.
The Subcontractor should be issuing the Contractor a programme that meets the requirements of the contract and the Contractors dates that they have identified in contract data – not the Contractor issuing them a programme.