NEC ECS: Unaccepted Programme

The contract is an Option C

In the event of a programme not being accepted for the reasons stated in 31.3 and a programme not being identified within the contract data. How does the Contractor measure the Subcontractors progress and future obligations / requirements.

For example, within the tender programme the Contractor will provide H&S document to the Subcontractor and the Subcontractor will provide their RAMS for approval to the Contractor but without an accepted programme how do both parties hold each other ‘to account’ if these dates were to be missed ?

I understand this is not best practise and an accepted programme should be developed prior to the commencement of works however I cannot seem to find a clear answer regarding this scenario.


In terms of contractual obligations, it is important to realise that the contracting party can change what ever they like in the Accepted Programme provided it still complies with the requirements of clause 31.2, one of which is to comply with any requirements stated in the Works Information. Ergo, if the H&S document is referenced from the employing parties WI, they have to comply with it under contract.

Likewise if the RAMS is referenced from the contracting parties WI, they have to comply with it.

I would ensure the Revised Programme is submitted accordingly on time, irrespective of whether it is accepted or not. Obviously, the key point is to try and work through the issues to resolve the rejection points, however in absence of this, a regular submitted programme showing when each party requires information / approval by, should supply sufficient “record” under a claim scenario. The issue lies in the strength of an NCE if that date is missed. However, it the revised proramme shows a ‘required by date’ and it appears that date is not goin gto be met - an EWN prior to an NCE would go a long way to building a case either way, surely.