Can I reject a subcontractors revised programme as it’s impractical under clause 31.3?
As main contractor we coordinated our works with their initial progrogamme and have now set up temporary works that is very expensive for them to complete their works, however, they have now submitted a revised programme to move this out by 3 weeks and have condensed their works to ensure it is complete by the completion date in the contract as their is LD.
Which Contract? I’m assuming NEC4 ECC.
Reasons for not accepting a programme are listed at Cl 31.3. It is not obvious that you have any of those reasons - I’m sure this is irritating, but your subcontractor is entitled to change their plans.
The only reason that might apply is ‘does not comply with the subcontract Scope’, but that would require you to have some relevant Scope that isn’t complied with.
Hi there.
It might be benificial if you could provide more detail, specifically around how the new programme which shows them delaying start but condensing the works to ensure they meet the completion date. To do that, they would need to alter the previous accepted logic and resources. In a practical sense, works that require expensive temporary works, arent normally designed or set up to facilitate flooding the place with resources.
You may have cause to reject on that basis that the contractor’s plans shown are not practicable, e.g. multiple trades working in same vicinity which is not practical or safe, showing an activity starting prior to one finishing which is impossible or an activity duration is not achievable.
You likely always have a case to reject the programme on the basis that “It does not show the information which this contract requires”, e.g. does not show float or time risk allowance, does not show when the Contractor requires Client free issue material, does not identify Key Dates as stated in the contract data
Lastly, you can probably reject on the basis that “it does not represent the Contractors plans realistically”, e.g., a programme duration relies on eight operatives to achieve the output required of which the Contractor has only two operatives working on that activity, sequence shown on the programme is not how they are actually doing the work at the point in time that the programme was issued.
I’m not sure that you will actually achieve anything by rejecting the programme. He likely doesn’t have the resources available to start and cant do much about it. He is free to start late and finish late, and face whatever penalties the subcontract has for that eventuality. Rejecting a programme simply because you dont like it, wont do anyone any good in the long run.
I would instruct him to explain who he can condense the work and ask him to update his RAMS to allow for that change in working arrangement. If he can do it then you should accept the programme. If he cant explain it then reject the programme - but he will still start late regardless if he hasn’t got the resources.