If Programme is a Contract Document

Although, many standard forms of contracts (e.g. FIDIC 4 th /ICE 6th edition –Clause 14 and JCT 98 – Clause 5) recognise the impotency of the availability of an agreed (Consented) programme. However, in New Engineering Contract (NEC) conditions the programme has been recognised as a document. JCT 98 edition still enable the parties to delete the requirement for the master programme.

Usually, the programme will be submitted by the Contractor within a shorter period following the award of the contract. Upon submission of the programme the Engineer issue instruction to proceed with Works. It will be updated when variations instructed and Extension of Time for Completion is granted.

When the Programme is not a contract document, despite the availability of such consented programme demonstrating the start of the activity, most of the contracts compel the contractor to serve notices when information is needed to proceed with the Works (ICE 6th edition & FIDIC 4th edition Clause 7.(3) – Clause 6(3)) or hindered by adverse physical conditions (ICE 6th edition & FIDIC 4th edition Clause 12(1) – 12(2) ). If the Contractor delays the Contract, the Architect / Engineer can request the Contractor to revise the programme to show measure which will be taken to meet with the time for completion. There is nothing to prevent the parties making the programme contractually binding. When the programme is a contract document, the status of the programme may change the balance of risk normally encountered when using the standard form. Then the contractor has to perform his works as per the programme. All flexibility which is the key to catching up (mitigation) when progress gets behind would be disappeared. When the method statement is also a part of the contract document together with the programme, their changes constitute variations.

When the Programme should be a Contract document it will be much better to instruct all tenderers to submit the programme together with their tenders allowing sufficient time and flexibility to review and agree. In such event, the type of the programme shall also be mentioned. The Programme shall be fully resourced enabling parties to agree and monitor it jointly. Unless, it is attribute an additional delay to the formation of the contract documents partnering and other non-adversarial atmosphere will also be important to incorporate the programme as a contract document. In addition to that possibly variations and extension of time clauses needed to be amended. They shall be reviewed in detail and to be adjusted to keep the consistency.

Kamal Paranawithana BSc(Hons) MRICSChartered SurveyorChairman, LLL Subcommittee, RICS-UAE Board,Committee Member, CIOB-UAE Group,Contracts Manager, Halcrow International Partnership