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Accepted Programme

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Tony SewellMember for 16 years 1 month
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I have just had a programme accepted by PM but it is qualified with various wording, one being that a certain activity should link to planned Completion (I should mention that the PM has instructed that works not affecting the opening of the scheme can be de-linked from Planned Completion and completed after - i.e fencing / not convinced he is entitled to do this but we have gone with it as we still get same pre lims).

 

my problem is that a new Cl32 has been accepted but he says accepted with a load of qualifications, when really he should have just rejected it stating his reasons and asking for it to be resubmitted, so when i save as Cl62 to assess PMIs against what do i assess....

 

1 - Use the Cl32 PM accepted and make changes as he suggested - however every acceptance he has qualified, which i have told him he cant, but he is the PM so he can do what he likes, therefore I dont want to change lasted Cl32 to reflect his quals as then I am technically accpeting all previous qualififcations.

 

2 - Use the Accepted Cl32 as it was submitted and ignore his qualifications.

 

3 - use the previous accepted programme and make it clear to PM that he cannot qualify the Cl32 and therefore we can only assume it is not accepted. (or just leave it as accepted but assess PMIs against the previous accepted.

 

any Help would be appreciated

 

Thanks


Tony

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5 replies

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  1. 0
    Mike Testro ·
    #1

    Hi Tony What form of contract

    Hi Tony

    What form of contract are you using?

    Best regards

    Mike Testro

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  2. 0
    Gary Whitehead ·
    #2

    Mike: This will be NEC form

    Mike: This will be NEC form of contract

     

    Tony:

    I'd go with option 2.

     

    To expand on that:

    Each time he accepts 'with comments', I would write back to him and remind him that since that isn't one of his options contractualy, you are treating the submitted programme as accepted, and whilst you will bear in mind his comments, you are under no contractual obligation to comply with them.

    Then at the next update, I would incorporate those comments of his with which you agree, and ignore the rest. As a matter of courtesy I would include a short commentary about them with the submittal of the next programme, and/or PMI assement.

     

    This is just my opinion, and I'm not an NEC contract expert. But I know a man who is, so I'll run this past him, too.

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  3. 0
    Tony Sewell ·
    #3

    Gary,   Thanks, this is what

    Gary,

     

    Thanks, this is what I was thinking to do. He has accepted the programme, the fact he has qualified it, is his issue. It bears no contractual relation to the contract.

     

    I have in the past told him he shouldnt qualify the programme so he is aware of this, maybe i should remind him again.

     

     

    Mike,

     

    Its an NEC 3 Op C contract.

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  4. 0
    Mike Testro ·
    #4

    Hi Tony I am no NEC expert

    Hi Tony

    I am no NEC expert but my experience tells me that by leaving his comments un resolved you will be leaving hostages to fortune when the inevitable disputes arise. Particularly if his comments had some merit.

    I would suggest three possibilities:

    1.  Get his comments removed.

    2.  Get his comments resolved

    3.  Have the last word on why his comments cannot be accepted - hopefully because they would not be in the best interests of the project.

    Best regards

    Mike Testro

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  5. 0
    Gary Whitehead ·
    #5

    Tony,   A colleague raised an

    Tony,

     

    A colleague raised an important point when I was discussing this -Would any of his comments qualify as legitimate grounds for not accepting the programme, as per Cl 31.3?

     

    If so, it is probably better to treat the programme as having not been accepted, and communicate to him on that basis

     

    Cheers,

     

    G

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