Rejecting a Contractor's Plan/Programme

Clause 31.2 shows a comprehensive list of what should be included in a programme issued for acceptance, including starting date, Key Dates, Completion Date, Planned Completion etc.

Can a plan/programme be rejected and asked to be revised for containing more information that what is included in this list.

Eg, the Contractor includes an explanation of how they are going to complete the works on a service contract (via method statement, gantt chart or similar) that is pivotal to understanding how the works will be completed and impossible to value change without… Can the Employer insist that this is removed if it is not included within the list at 31.2.

Wording of 31.2 uses the word ‘shall’, eg each plan ‘shall show the following’ and the requirements follow.

I’m using ECC clause numbering, so may be a bit off in other forms.

You may think this a pedantic item to open on, but Cl 31.2 does not use the word ‘shall’ unless it has been amended. If someone has gone through introducing ‘shalls’ I would question why they did that and what they are trying to achieve. If the client has specific needs for the programme they should be set out in the Scope.

On the assumption that there is no Scope saying ‘limit the programme to these things’, then the Contractor is likely doing as they should by including information to support the programme / plan.

Ultimately the PM / SM can withhold acceptance for any reason, which I suppose could include having too much information, but to do that would give rise to a Compensation Event under 60.1(9).

What really puzzles me is why you would want to limit the information in the programme.