Programme for Acceptance under NEC 3

NEC3 and NEC4 Contracts Time
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We are working on an NEC 3 option C contract and we are having our programmes for acceptance rejected and the reason given by the PM is that they do not show when we propose to rectify a notified defect.

We do not agree that the item notified is a defect and have not shown it on the programme as we do not consider that further works are required. We are concerned that by adding an item on the programme for this disputed defect that we would indicate that we are accepting it as a defect and when we have proposed to add it as a possible/disputed defect the PM has stated this is not acceptable.

Is not putting a disputed defect on the programme (although it has been notified to us) a reason under the contract for the PM not accepting a programme?

Looking at the contract at clause 31.2 I cannot see a specific mention that correcting defects should be shown on the programme, unless this would be covered under the third bullet point for ‘order and timing of the operations which the Contractor plans to do in order to Provide the Works’?

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Nick, welcome to the community.

The obligation to show when the (disputed) Defect is to be corrected is covered under the 3rd bullet point of clause 32.1: “how the Contractor plans to deal with any delays and to correct notified Defects…”.

I’m sure you can make a note somewhere in your programme or narrative that the notified Defect is disputed - since you have communicated your dispute, I wouldn’t personally worry so much about the programme indicating or implying anything to the contrary - subject to any amendments in your contract!

Therefore, I would suggest you try and get the programme accepted.

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