Guild of Project Controls: Compendium | Roles | Assessment | Certifications | Membership

Tips on using this forum..

(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?

(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.

NEC3 Acceptance of Programme Implications

5 replies [Last post]
Gary Bell
User offline. Last seen 8 years 49 weeks ago. Offline
Joined: 25 Sep 2004
Posts: 6
Groups: None
Please can somebody clarify whether or not acceptance of the programme under NEC3 form of contract changes the Works Information?

For example, if a specification (issued with the tender documentation and thus forming part of the Works Information) states one thing, but the programme submitted for acceptance contradicts that information but is acceptable on the basis that it is realistic, does this mean that both parties are contractually obliged to carry out the works in accordance with the Accepted Programme?

Replies

Ross Humphrey
User offline. Last seen 9 years 33 weeks ago. Offline
Joined: 5 Sep 2014
Posts: 5
Groups: None

The accepted programme in now way changes the Works Information.

Evaristus Ujam
User offline. Last seen 11 years 38 weeks ago. Offline

The schedule is a compendium of what is needed to guide the delivery of a project in terms of time, cost and scope. Quality element as per the resources of materials, equipment and man power may also be reflected. It does not however take the place of specifications, BOQ and drawings which provide more accurate information as contributed by each domain expert, who originate every information that is filtered into the schedule.

If an accepted schedule is discovered at any time to carry any information that contracts any of the contract document sthat preceeded it, such information should be regarded as a bug. The right thing is to do is debug such schedule and make it compatible with every other document considered relevant to the contract.

Ujam

Damian Smith
User offline. Last seen 3 years 33 weeks ago. Offline
Joined: 10 Nov 2010
Posts: 12

Clause 14.1 states that acceptance of any communication does not transfer liability away from the contractor to comply with his obligations under the contract. This clause basically states that the only person who can change the works information is the Project Manager

So regardless of whether your programme is accepted, what is in the works information remains

 

Barry Fullarton
User offline. Last seen 10 years 26 weeks ago. Offline
Joined: 27 Aug 2008
Posts: 101
Groups: None
What should happen is that teh Schedule should reflect all that is required in the projects works or date
Samer Zawaydeh
User offline. Last seen 5 years 8 weeks ago. Offline
Joined: 3 Aug 2008
Posts: 1664
Dear Gary,

It is always the Contractor’s responsibility to complete the Works as per Contract, specifications, drawings and BOQ even if the Engineer or his/ her representative made a mistake.

The accepted program of works is a tool to monitor the time on the project. It is not a tool to specify the scope. The schedule simply does not fit all the information presented in the Contract, Specification, Drawings and BOQ.

Best Regards,

Samer