On an NEC4 engineering and construction contract, is the Project Manager permitted to change its decision regarding acceptance of the Contractor’s programme. The situation is that on a circa 6-month long project, 3 months after accepting the Contractor’s programme, the Project Manager has now stated that, following further review, that the programme submitted is not compliant with the Scope. The PM has now requested that the Contractor submit a revised Clause 31 programme.
The PM cannot alter its acceptance of the programme but the PM can instruct a revised programme to be submitted (this would be under the requirements of clause 32).
I’m not sure from your question if the clause 31 programme is still the Accepted Programme or not. If it is the PM would be right to request the programme to be corrected prior to using it to assess the effect of compensation events.
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Thanks Dave. The Accepted Programme has been updated for work completed to date plus time-impacted and submitted in compensation event quotation submissions. The PM has not reverted with assessments of these CE quotations but has sought multiple extensions of time from the Contractor to complete same. Now the PM has declared that the original programme that it confirmed as accepted is not compliant with the Scope and has sought it to be reissued for review/ acceptance. My issue, as Contractor, is not with submitting revised programmes where it is necessary due to circumstances changing and effecting future work, but with the revision of the programming of completed activities to cater for Scope constraints which the PM believes applied to those past activities. The Contractor does not agree that such constraints applied, submitted its firts programme accordingly and the PM accepted this at the time.
Hi – if you are in disagreement as to whether the programme complies or not that is a different issue.
The programme you submitted and was accepted is the Accepted Programme.
If you believe the programme complies with the Scope then you need to advise the PM and ask him/her to set out what they consider the non-compliances are.
It feels that you are heading for a dispute
Thanks again Dave. The Contractor and PM were in agreement regarding the compliance of the programme with the Scope and the PM accepted the programme. Now, 3 months later, the PM wants to change its mind and is in disagreement, not only with the Contractor but also with its own position for the first half of the project duration. The PM has set out, broadly, why it now feels the previously Accepted Programme does not comply with some aspects of the Scope but the Contractor does not glean the particular constraints/ requirements from the Scope that the PM asserts exist there.
Hi Ian the best thing I can suggest is that you have a meeting with the PM to establish each other’s position on the matter. You will then need to decide how to move it forward