Requirements for the programme are stated in the works information. If the Contractor does not provide the programme in accordance with the works information and the Contract can the PM notify a defect and apply clause 45
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In short - no.
A defect is “part of the works which is not in accordance with the Works Information”. This refers to items that have been installed that do not meet the requirements. How would he apply clause 45 if he could? Get someone else to do the Contractors programme for them?? This obviously would not work and is not what the contract intends.
There are separate remedies for not issuing a programme or issuing one that does not meet the requirements of 31.2/32.1. If it is the first programme issued for acceptance then under clause 50.3, 25% of the Price for Work Done to Date can be withheld until such time that a programme is accepted (or at least issued showing the information the contract requires). For subsequent programmes that are not accepted or issued, under clause 64.1 the Project Manager can make his own assessment of all future compensation events until such time that there is an accepted programme again in place. that should be enough incentive for the Contractor to want to keep on top of the accepted programme process.
Glenn interested toknow your views on contracts where the contract has been amended to include in Disallowed Cost the Contractor’s failure to follow his own management policies and procedures including programme.