NEC3 ECC TRA in Programme is Contractor's risk- what is the completion date when reviewing the programme?

Hi, I am working on one of the project programme where TRA is contractor’s risk under contract (NEC 3 Option C). When reviewing contractor’s programme for acceptance/not acceptance do I have to consider their completion date including TRA or excluding TRA?

I will be very grateful if you can kindly give your expertise advice on the above query please.

Thank you



Hi, the completion date is the date by which the Contractor needs to achieve Completion (as amended by compensation events). I think you may mean the planned Completion as shown on the cl 32 programmes. In answer to that, yes you need to consider TRA in accepting the programme or not.

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Hi Dave,
Thanks for your reply, yes I meant planned completion date on Cl32 programme submission by subcontractor, Apologies I should’ve clarified this. Under the contract its contractor’s risk. When reviewing the programme I am not considering their TRA and instead just taking last activity before TRA as completion date for acceptance. Is that the correct way to review the programme for contract planned completion date?

Thank you



Hi, you need to be careful here because there are 2 different matters. 1 Is planned Completion, the date by which the Contractor forecasts it will achieve Completion. This should include TRA because the Contractor carries the risk. 2 is the completion date that is the date by which the Contractor is required to have achieved Completion and if it fails to do so will/may be exposed to damages. Accepting the clause 32 programme does not alter the completion date, also if the Contractor is showing planned Completion past the completion date acceptance does not delete damages. Acceptance of the programme is acceptance that the plans are realistic. hope that helps

That’s more clear now, Many thanks for your help Dave.

Kpatel, please note that as either a PM reviewing a Contractor’s programme or, as a Contractor reviewing a Subcontractor’s, you should be reviewing all TRA to ensure that it is being included only for matters which have a significant chance of occurring and are at the Contractor or Subcontractor’s risk under the contract. You should also check that it is representing the Contractor/ Subcontractor’s plans realistically, TRA should be resourced the same way any operations are supposed to be resourced. I wasn’t completely sure from your question but it made me wonder if you were in fact talking about terminal float, in which case I do not class it as TRA but spare time attached to the whole of the programme, I would not expect this time to be resourced as the Contractor is planning to be completed. Only exception to this would be if the Employer was not willing to take over the works before the Completion Date.

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