Which accepted programme to use to assess a CE?

Which accepted programme should be used in assessing a CE which was notified say in June and later the PM issued an instruction to the Contractor to provide/submit a quotation in August? Is it the programme which was accepted at the time when the CE was notified or when the instruction to provide a quotation was issued??


This does depend a little on how the quote was requested and if these works had already been triggered by a Project Manager’s instruction. Clause 63.1 talks about the switch point between the use of actual/forecast Defined Cost being the point at which the Project Manager gave the instruction, or for any other cases the date the compensation event was notified.

If these works are for something that the Project Manager may require, then he would instruct a quotation under clause 61.2 and you would assess the potential effects of this event on the current programme, and also on the basis that you would not get a response for up to two weeks as to whether he wishes to proceed with these works. In that case it would be the August programme that you would use, although it is very unlikely that you would be notifying an event that he may require.

If however (as I suspect it will be) you were instructed to do something that you viewed was a change to the Works Information that triggered your notification of a compensation event, he should have responded within one week, not three months. You could have notified the non-response after one week under 61.4 it would have been “deemed accepted” after a further two weeks. Therefore it would have to be the June accepted programme that you would be assessing the event against.