3 WE LOOKED AT THE PROGRAMME AND ITS IMPORTANCE IN PART I (SECTION 1

We looked at the programme and its importance in Part I (Section 1.7).

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In the Yellow Book the contract comes into effect when the Contractor receives the Letter

of Acceptance and in the Silver after both parties have signed the Contract Agreement.

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Sometimes the overall work is divided into ‘sections’ of work, each section having its own

commencement and completion dates and other contract stages, although coming under the

same contract as other parts or sections. If the works are to be divided into sections in this way

then this must be provided for in the Particular Conditions (if Silver Book) or Appendix to

Tender (if Yellow) by specifying the part or parts of the works which are to be treated as sections.

The Contractor must submit to the Engineer or Employer his programme

within 28 days after the commencement date (if Silver Book) or 28 days after

notice of the commencement date (if Yellow).

As we saw in Section 1.7, the programme:

●

provides the basis for monitoring the Contractor ’ s progress and planning

Employer/Engineer activities and obligations;

●

becomes a base reference for the Engineer ’ s or Employer ’ s determination

of Contractor ’ s claims for extensions of time for completion arising from

alleged disruption or delay.

The programme must show:

●

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

each major stage of the works; in the Yellow Book more details of this are

required (clause 8.3(a));

●

sequencing of the works, taking into account the lead time for obtaining

any approvals;

●

the periods for review of Contractor ’ s Documents; in the Yellow Book

additionally the periods for review of any other submissions, approvals, or

consents mentioned in the Employer ’ s Requirements;

●

the sequence and timing of inspections and tests.

The programme should be accompanied by a supporting report (or method

statement) setting out how the Contractor intends to execute the works and

the resources he intends to use.

If the Engineer or Employer thinks the programme does not comply with

the contract then he must give notice to the Contractor within 21 days of

receiving it stating how the programme does not comply; otherwise, the

Contractor is to proceed in accordance with the programme.

As we mentioned in Section 1.7, 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. There is no similar obligation on the

Engineer or Employer.

Linked to the requirement to maintain valid programmes and to advise the

Engineer or Employer of potential delaying events is the requirement to sub-

mit monthly progress reports (Section 4.4).

Each report must include charts and detailed descriptions of progress,

photographs, details of the manufacture of each major item of plant and

materials, records of the Contractor ’ s personnel, copies of quality assurance

documents and the like, lists of notices given with respect to Employer ’ s and

Contractor ’ s claims, safety statistics and comparisons of planned and actual

progress and details of measures being, or to be, adopted to overcome delays.

As we noted in Section 1.7, if the Contractor fails to provide a progress

report as required he will not be entitled to receive an interim payment for the

relevant period.