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Programme acceptance

Stuart AtkinsonMember for 22 years 9 months
Created
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Gents, any thoughts?

I am currently working on Option C of the ECC 2nd Edition. I just need a general feeling on the issue of acceptance of either the Clause 31 or 32 programmes.


5 replies

Oldest first
  1. 0
    Jihad Daniel ·
    Dear Stuart,

    Please be more specific and tell me your thoughts about these 2 clauses in order to share our ideas. It’s essential to differentiate between acceptance, consent, approval and agreement of programmes.

    Regards,
    J. Daniel
  2. 0
    Stuart Atkinson ·
    Thanks for your reply.
    I am not particularly after specific areas; I just want planners thoughts on areas such as acceptance of the programme by the PM-is he required to accept, if not there appears to be no remedy.

  3. 0
    Joseph Roberts ·
    Stuart

    Also working on a Option C contract

    The PM is under a clear obligation to accept/reject the programme within a set time frame (Cl31.3). My understanding is that a failure to do so would lead to a dispute under 90.1 and the matter should be refered to adjudicator for resolution.

    From past experienece I have often had programmes not replied to, however for political reasons there has not been the desire to take this to adudication. The situation of neither acceptance or rejection of the latest programme makes it difficult to operate the other clauses of the contract, in particular in relation to quoting for compensation events.
  4. 0
    Stuart Atkinson ·
    Thanks Joseph
  5. 0
    Stuart Atkinson ·
    I think you will agree Joseph, that It would have been more than helpful if a member of the Users group would have assisted. How long do they want the programming issues within their contract to remain ’woolley’ and ill-defined?

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