NEC3 ECC, option A contract. If the Project Manager instructs a revised programme to be submitted under Cl. 32.2, how can the contractor recover the cost for this ? If the planner spent a day updating the programme are they able to recover the cost, this activity would not have featured in the contractors tender price. If it’s non-recoverable what stops the Project Manager doing this on a regular basis ?
As this is an obligation under the conditions of contract, it is not a compensation event. Consequently, the Contractor has to ‘suck it up’ when it comes to the cost of doing this over and above the 4 weekly/monthly interval.
If the PM does this again, you may wish to give an early warning if it is increasing your ‘total cost’.
I think if I was a competent Contractor I would struggle to say this is a massive hardship if I was using the programme as a rel management tool. I would like to think as a Contractor I would be updating the programme regularly anyway, so the fact they want a snap shot at any point in time should not be a big hardship. In my experience I have never seen this abused where the PM is asking for an excessive number of programme updates outside of the regular update periods.