NEC ECS: Subcontract Option A - No Clause 32 Programme

Despite numerous requests the Subcontractor is not providing clause 32 programmes as per the NEC3 Option A Subcontract.

What options do we have for a Subcontractor not providing a clause 32 programme for acceptance?

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Firstly you can educate them on why it is so important for them as well as you to have a regularly revised programme, in terms of being a management tool and also a mechanism to assess change against. You can emphasise their failure to submit a revised programme will mean that under clause 64.1 you will be assessing the value of all of their compensation events going forward - which I am pretty sure would be lower than what they would assess them at (and they have little remedy other than adjudication to over turn it).

For future contracts you could write a Z clause that states you will withheld a percentage of payment on future programmes as well as just the first programme (but this should be written as a percentage of the amount since the last Accepted Programme rather than cumulative from day 1.