NEC ECC: Clause 32.2 submitting programme on PM instruction

NEC3 and NEC4 Contracts Time
1

I wanted to ask for the implications of Clause 32.2, and in particular, the implications of the PM instructing the Contractor to submit a revised programme.

Under my current contract, the interval period for revised programmes is 4 weeks. This is what was stated in Contract Data Part 1 at tender stage and in the signed contract at contract award. At tender, a staff allowance for a planner/programmer would have been made to ensure this contractual requirement is met (i.e. revised programmes to be completed every 4 weeks) + sufficient cost to cover additional time that may be spent serving CE’s and other contractual requirements.

It is understood that the PM may at certain points want to instruct a revised programme earlier than the 4 week interval. However, my query is two-fold.

  1. Firstly, is the sense that under CL32.2 that if the PM instructs the Contractor to submit a revised programme, this in fact must be instructed under a Project Manager Instruction (PMI)? Would this be a CE under CL 60.1(1) as the instruction changes to the WI by altering the period for submitted a revised programme (albeit just the once)?

  2. Further to that, if the PM wanted to continually provide an instruction so that they would receive a revised programme every 2 weeks, is there any recourse for the Contractor to claim extra costs for doubling up on the planners time/attendances to the Contract (given the tender allowance was to provide revised programme every 4 weeks)?

My gut says that because CL 32.2 states the PM must instruct the contractor, this must generate a PMI. My question is really about whether this PMI qualifies as a CE in order that the Contractor claim for the planners additional attendance and time.
Note that if the PM only made this instruction once in a while, the Contractor might choose to assist the PM without raising any concern. However, if the PM’s intention is to continually instruct the Contractor to submit a programme every 2 weeks, the view is they are effectively changing the contract by altering the period from which revised programmes are required from 4 weeks to 2 weeks and I am wondering if the Contractor is able to claim costs against this.

Many thanks

2

No PMI is a compensation event unless there is a reason to notify it as one under clause 60.1. Several instructions will never give rise to a compensation event. Clause 32.2 allows the PM to instruct a revised programme. Is this really that unreasonable? I always say a Contractor should be updating their programme as a minimum weekly so the fact they are asking for one every two weeks is not at all unreasonable and something you should be doing anyway and be able to share with them.

Frankly you should probably thank the PM for making you do something you should be doing anyway!!

3

It is good to remember that clause 60.1(1) is about a change to the Works Information and not the contract data which is not part of the WI.

Also, I would agree with Glenns response below and would see this as a requirement of running a project. Going back to 32.2, you need to read this in conjunction with 14.3 which uses the term ‘may’. whenever this term is used in the NEC it means they are ‘allowed to’ which means you should of allowed for this in your bid.