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NEC ECC: If a Client continues not to accept a Contractors baseline cl.31 programme should the Contractor continue to provide a cl.32 programme in parallel and if the Client accepts a cl.32 programme how does this impact the status of the baseline programme?

+1 vote
A Client is continually rejecting a cl.31 claimed to be for reasons found in the contract despite amendments being made in line with their rejection notes. It is apparent that the Clients programme is not being accepted by the Employer and they are reluctant to accept the Contractors programme on the grounds that they will be at risk. Does the Contractor continue to issue a cl.31 programme revision until it is accepted, or, are they to issue a cl.32 programme at intervals stated in the contract with the view that this overrides the unaccepted cl.31 programme, or, are they to issue a cl.32 programme in tandem with the on going re-issue of a cl.31 programme?

Subsequently, what is the result should the Client accept a cl.32 programme showing entitlement to time and costs without accepting a cl.31 programme in the first instance?
asked May 26 in NEC3 General by Joe.Grice (160 points)  
edited May 26 by Glenn Hide

1 Answer

+1 vote
In practice you will have no choice but to run the two in parallel. You need the first Accepted Programme to be the baseline to assess change against. You need to agree what you originally planned to do and when, and then be able to assess compensation events against that.

The acceptance of a clause 32 programme does not give entitlement of time and cost. Only an implemented compensation event can do that. If you are showing a programme with planned Completion two weeks beyond the Completion Date, you need a compensation event to justify why Completion Date should move - and once implemented, then Completion Date can be moved on the latest Accepted Programme.
answered May 26 by Glenn Hide (33,040 points)