Contract Data Part 2 (CDPt2) included a programme and therefore was deemed as the Accepted programme. Upon issue of the first revision under Clause 32, the programme showed a delay due to late issue of construction drawings (required on commencement). However, the Accepted programme (inc. in CDPt2) had failed to include an item for discharging pre-commencement planning conditions and thus the Clause 32 submission was rejected on the basis that it did not contain every item required by the Scope.
Should the effects of the missing item be assessed before assessing any other CE’s which may have materialised in the intervening period prior to the rejection of the Clause 32 or, can the initial CE attributable to the late issue of drawings be assessed on the programme included within CDPt2 prior to assessing any delay attributable to the inclusion of the discharge of pre-commencement planning conditions?
On your first paragraph, it sounds as though you’re going through a period of understanding the Client’s needs regarding a programme. My opinion here is that you should work collaboratively now to capture their needs and avoid further rejections. My other note is that the reason you’ve stated does not exactly align to the four reasons that a Project Manager can reject a programme, so you may wish to challenge that (31.3).
On your assessment of Compensation Events, you use the last ‘Accepted Programme current at the dividing date’. Your Accepted Programme as you said is that included in your Contract Data, so it is that programme you use to assess the delay. There will be a delay that has happened first and you assess the impact of that, and then see the extra over effect the second delay has over and above the first.
Note, the Project Manager can assess your Compensation Events if you do not have an Accepted Programme.
My answer is no, the programme which contained the error has been accepted and is your Accepted Programme. The solution maybe for the Project Manager to instruct you to submit a revised programme detailing what the requirements are or wait until the next submission.
What you can do when creating your CEQ programme is take into account all that has happened since the dividing date, including the error, and see what happens to the critical path / Completion Dates.
Here are some good links which may support your query ?