NEC3 ECC Cl.32 Programme

Nec 3 - Option A:

Should “un-implemented” compensation events be shown on the Cntractors submitted programme ? Where in the Contract does it state that a failure of the Project Manager to reply to a programme submission is deemed “accepted” ?


Clause 31.2 requires the Contractor (3rd bullet) to show the order and timing of the operations which the Contractor plans to do in order to Provide the Works.

In accordance with clause 11.2(13), To Provide the Works means to do the work necessary to complete the works in accordance with this contract and all incidental work, services and actions which this contract requires.

Therefore if the work has been instructed or the compensation event has occurred, but not yet implemented then the work should be shown on the clause 32 programme.

Regarding deemed accepted, there is provision in NEC4 clause 31.3 for the Contractor to notify the Project Manager that it has failed to reply; a continued failure results in a deemed acceptance. There is no corresponding provision in NEC3.

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