Clause 31 Acceptance - Update Clause 32

NEC4 option B sub contract -

Clause 31 programme was rejected by the MC. Since the clause 31 submission Scope has been added to the SC. The SC refuses to imput the Scope changes into the revised programme, stating they want the clause 31 programme to be accepted before updating the programme with new Scope.

Q1- Is the SC correct under the contract that a Clause 31 should be accepted before clause 32 is issued.
Q2- Since the clause 31 was rejected, is the revised programme now clause 32?

Thanks for your help.

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Welcome to the community.

No, whilst it would be better to have an accepted clause 31 programme it is not a prerequisite to producing a revised programme in the same way as it is not necessary to have the previous programme submission accepted for any revised programme.

Yes, the revised (updated) programme would still be provided under the provisions of clause 32 because it would contain progress and compensation events etc. It would be useful to resubmit a new clause 31 programme taking account of the Contractor’s reasons for non acceptance.