7.2 PROGRAMME CLAUSE 8 OF THE CONTRACTS PROVIDES THAT THE COMMENCEME...

Clause 8 of the contracts provides that the commencement date for the works

must be notified to the contractor at least seven days beforehand unless otherwise

stated in the contract. After receiving the instruction the contractor must pro-

ceed without delay and must complete the whole of the works and any section

within the time for completion of the works or that section (Clauses 8.1, 8.2).

The contractor must submit to the contract engineer (or, in the case of the

Silver Book, the employer or his representative) a programme within 28 days

after receiving the instruction to commence.

The programme is important in any construction project for at least these

two reasons:

●

it is the basis for monitoring the contractor ’ s progress and planning project

activities; and

●

it becomes a base reference for the relevant decision-maker (engineer or

employer) to determine the contractor ’ s claims for extensions of time for

completion arising from delaying events.

Broadly speaking, in FIDIC contracts the programme has to show:

●

the order of execution of the works, including the anticipated timing of

each major stage of the works;

●

the sequencing of the works;

●

the periods for review of contractor ’ s documents;

●

the sequence and timing of inspections and tests.

Whatever the specific contract, generally the programme should show that

the works will be completed within the time for completion and should identify

the critical path. In the FIDIC contracts, the programme should also be accom-

panied by a supporting report (or method statement) setting out how the

contractor intends to execute the works and the resources he intends to use.

This is a matter of good practice which should probably apply whatever the

contract.

An important feature of FIDIC contracts is that the contractor is required

to give advance notice or early warning to the engineer or employer of

potential events which might adversely affect or delay the works. This require-

ment has a far wider application than just in relation to the programme. The

purpose is to enable the contractor and engineer or employer to work together

to minimise the effects of the potential delaying event. The notice gives the

engineer or employer the opportunity to take action to overcome the problem

before the contractor incurs delay or additional cost.