NEC3 Acceptance of Programme Implications
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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?
4 replies
Oldest first- 0Samer Zawaydeh ·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 - 0Damian Smith ·
Clause 14.1 states that
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
- 0Evaristus Ujam ·
The schedule is a compendium
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
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