NEC3 ECC: Can the Contractor submit a revised Programme without terminal float?

We are currently engaged in in ECC Option D Contract. Contractor’s latest accepted Programme was with terminal float of 31 days. Then defects to Permanent works was observed which consequently delays the Contractor. The Project Manager instructs the Contractor to submit a revised Programme and the Contractor submits the revised Programme but the 31 days terminal float was gone. Can the project Manager not accept the said submitted revised Programme and instruct the Contractor to submit a revised Programme maintaining the 31 days terminal float?

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This is an easy one - Yes! (as in yes the Contractor can submit a programme showing no terminal float)

Important to remember that “terminal float” is simply the difference between planned Completion and Completion Date. If the “defects” are such that the extra works to correct those has moved out to planned Completion then they should indeed be showing this. If this planned Completion is now level with Completion Date - again so be it - it is what it is. Terminal Float is owned by the Contractor, and retained in the assessment of CE’s but there for the Contractor to use to cover their own delays if needed and not be liable for Delay Damages until after the Completion date.

Project Manager only has four reasons not to accept under clause 31.3 and this is certainly not one of those reasons.