Acceptance Of Programmes

(Clause 31.1)

NEC 3 relies on an Accepted Programme

• If there is no accepted programme the Contractor must submit one within the period stated in the contract data

• The contract does not deal with if the Project Manager finds the programme in the contract data unacceptable

• By definition is the accepted programme

• Presumed this needs to be dealt with before the contract“Having regard to the contractual effects of the accepted programme particularly the obligations it imposes on the employer the assessment of the identified programme is clearly an important pre-contract function for the employer and his consultants”

• If the Contractor fails to submit a first programme for acceptance the employer is entitled to retain one quarter of the amounts due as an interim payment (Clause 50.3)

Programme Details

• Start date, access date, key dates and completion dates

• Planned completion dates

• Order and timings of planned operations

• Order and timings of the work of the employer and others

• Dates when the Contractor plans to meet the conditions for key dates

• Provisions for float, time risk allowances, health and safety requirements, procedures set out in the contract

• Dates when the contractor will need access, acceptance, plant, material and anything to be provided by the employer and others, information from others.

• Method Statement for each operation identifying principles equipment and other resources to be used

• Other information which the works information requires to be shown

Activity Schedules

A reason for not accepting a revision of the Activity Schedule is that:

• It does not comply with the Accepted Programme

• Any changed Prices are not reasonably distributed between the activities OR

• The total of the Prices is change(The Activity Schedule 54.3)

Witholding Acceptance

Reasons stated in clause 31.3 for not accepting the programme are:• Plans it shows are not practicable

• Information required by the contract is not shown

• The contractor’s plans are not realistically represented (this could be highly contentious)

• It does not comply with the works information

Contract is not expressly prohibited by the contract form proceeding in a accordance with a non accepted programme, but:

• Termination procedures of Clause 91 could be invoked (Contractor substantially failing to comply with obligations)

• Project Manager could instruct contractor to stop work under Clause 34.1

• Would be a compensation event but no time or money if stopped due to a contractor default