Should the Project Manager consider actual progress when assessing a CE from an out of date programme?
Yes. While the contract does not specifically say to do this, from a practical point of view the Project Manager has to take into account actual progress as an out of date programme would bear little resemblance to the current state of the project. Therefore, a good general principle is to consider any progress up until the point at which the event occurred.
Whilst I agree with Rob’s answer, I think it’s important to keep some perspective. For example, if a compensation event arises a day or two after a programme has been accepted then there may be limited benefit spending time and money updating the programme prior to assessing the CE.
It is also important to bear in mind that Clause 63.3 only refers to “planned completion as shown on the Accepted Programme” - it does not refer to the Accepted Programme as a whole. Thus, whilst Rob is correct that the Contract does not specifically require the programme to be updated prior to making an assessment, neither does it preclude any update, whether in respect of progress or logic, from being applied. This could be particularly relevant if another large-scale compensation event had been implemented since the last Accepted Programme - such a change could have a significant effect on the time impact of subsequent CEs.