If a Contract [Clause 31] Programme is submitted and deemed Accepted, but only contains half the scope of works (one site out of two), plus it contains progress information and Instruction/ CE changes - Can this be deemed as an Accepted Programme realistically? (My view is that although it has been submitted and accepted - it cannot be reasonably used to impact changes due to it’s non-compliance.
That said, under the Contract it has been submitted/ Accepted - but did not cover the full contract works.
There is no such thing as deemed acceptance of the programme in NEC3, it simply doesn’t exist. There is only deemed acceptance of compensation event notifications and quotations and only then when this is triggered by the Contractor reminding the PM that he hasn’t replied. As an aside NEC4 has introduced deemed acceptance of the programme but it sure as heck isn’t there in NEC3.
If it’s been accepted then that’s exactly what it is. I suggest that the next time the Contractor submits a revised programme for acceptance with only half the scope in it that the PM rejects it. if the Contractor hasn’t submitted a revised programme when he should have then the PM has the right to assess any compensation events.