How to Administer the Contractor’s Programme

One of our blog followers asked for some advice on the administration of the Contractor’s programme. The questions raised relate to fairly frequently occurring situations, so this subject is definitely worthy of a blog post. I have reproduced the queries below and I will refer to the FIDIC forms of contract and terminology when providing my advice. Requested Advice: A summary of general principles which would avoid the Contractor submitting erroneous programme updates, for example, don’t be bullied by the Engineer into submitting a programme based on the original completion dates and which therefore absorbs the impacts of delay events (thus losing entitlement). So, let’s be clear what a programme update actually is. First, we must establish the Contractor’s programme, which is often referred to as the baseline programme. This programme should be the Contractor’s best estimate of the sequence and timing of how he intends to carry out the Works and should be based on the Contract at…

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Programmes & Planning

In the case of delays, programmes will become an essential means of demonstrating the effects of the delays on the completion date and hence, the contractor’s entitlement to an extension of time. The contractor’s intended programme should be prepared and agreed early in the contract period. Those responsible for administering the contract on behalf of the Employer should not insist on an unreasonable level of detail, bearing in mind the timeframe for submission of the programme. The programme is supposed to reflect the intentions of the parties at the time of contract and should not include post-contract events. Updated programmes that record progress to date and predict the completion date should be produced and agreed on a periodic basis. If the ‘ownership’ of float is not stipulated in the contract, early agreement between the parties on its allocation is recommended. The Institute of Construction Claims Practitioners has a detailed paper on this subject. To request a…

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