NEC3 ECC: Cl 32.1 - Changes to the Accepted Programme

NEC3 and NEC4 Contracts Time
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NEC3 ECC Option C unamended.

The PM is not accepting the Contractor’s revised programmes on the grounds of clause 31.3 bullet 2.

The PM is asking the Contractor to list out the proposed changes made to the Accepted Programme as clause 32.1 bullet 4.

The PM wants a list of all of the programme activities that have been updated and the nature of the changes made.

The Contractor is providing headline statements of general operations that have given rise to the changes to the Accepted Programme but is not providing any reference to programme ID’s or details of what changes have been made to those programme ID’s.

The Contractor maintains that it is complying with clause 32.1 bullet 4. and the PM argues to the contrary.

Who is correct in this scenarion?

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Rather than state who is right or wrong I think we just need to bang some heads together! However, the NEC does not promote violence so lets answer this more practically:

Project Manager is within his rights to ask the Contractor to explain the changes that have been made compared to the last Accepted Programme. Seems fair enough that this should be down to which activity id’s have been affected. However, I would not expect or need to see a list of EVERY single change that the Contractor has made - as this is time consuming, pointless and you have to give the Contractor some credit that they are doing lots of small changes for good reason that don’t really affect the bigger picture. I would want to know as PM key changes in logic, key duration’s changed, sections of programme added or developed, anything that has been deleted. The PM or at least his own planner should be able to do any such interrogation themselves - but much better the Contractor does this to fast track the PM’s understanding.

I suspect in this example the Contractor could spend longer why they don’t have to do this than it would to actually do what the PM asks. It is equally important to both Parties to have an Accepted Programme, but particularly so for the Contractor. Therefore if I was that Contractor I would do what ever it takes (within reason) to get that programme accepted.