Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is a free community help desk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.

5,331 questions

5,709 answers

1,264 comments

Register its Free

Download here

NEC ECC: If the Project Manager accepts a Project programme and the Planned Dates are later than the Contract Dates what is the client accepting?

0 votes
141 views
When the Project Manager (Client) accepts a project programme submission what are they accepting in terms of dates? If the submission states Planned Dates that are later then the Contract Dates is the client agreeing to new Contract Dates?
What is the client accepting?
Can the client not accept if the Contract Dates are not being met?
This is a recurring situation that I come across with some on one side of the argument and some on the other. Clarification would help.
asked Jul 3 in Contract Data by JasonHayter (120 points)  

2 Answers

+1 vote
By accepting the cl 32 programme the PM is not accepting "new contract Dates". Key dates and Completion Date(s) are adjusted, (mainly, by the compensation event process which is a separate process to programme submission and acceptance.

The PM should not be not accepting on the basis that planned dates have moved beyond the "Contract Dates".
answered Jul 4 by dave bates Panel Member (14,070 points)  
0 votes
Contract obligates that a Contractor shows a planned Completion milestone and a Completion Date milestone. If a Contractor is showing planned Completion beyond Completion Date, it means they are running late. This could be down to themselves and their liability, or if it has moved due to the effects of a compensation event then once implemented that could yet move Completion Date.

There are four reasons the PM can reject a programme for under clause 31.3 but planned Completion being later than Completion Date is NOT a reason to reject the programme.

By a Project Manager accepting a programme with planned Completion beyond Completion Date, they are not accepting liability at that stage. The compensation event process once concluded by it being "implemented" is the only way of moving the Completion date.
answered Jul 16 by Glenn Hide Panel Member (77,260 points)