A perennial problem with the NEC4 engineering and construction contract (ECC) is the requirement for the works programme to be continually updated by the contractor and approved by the project manager. While the principle of updated programmes is difficult to challenge, in practice it is administratively burdensome. The programme provisions (and sometimes failure to comply with them) seems to be a frequent source of concern and can be seriously problematic for NEC users.
We are regularly asked questions about the programme provisions in NEC4. These include questions like when do programmes need to be provided, or what happens if there is no Accepted Programme?
Whilst it might be expected answering questions of this kind would be straightforward, even with a detailed knowledge of the contract, a degree of hunting through the contract is required.
In view of this, we thought we would demystify the NEC4 ECC contract’s programme terms through a new short series of bitesize educational blogs we are calling ‘Standard form contracts explained’.
In partnership with Forum Chambers, we will be publishing a series of articles jointly authored by our Director, Warren Berwick, and Barrister at Forum Chambers, Philip Currie, providing practical insight into the various mechanisms in standard form contracts, to help businesses navigate the complexities involved in administering those contracts.
The topics we will be covering include:
- When is the contractor required to issue a programme or revised programme under NEC4?
- Which information is required in a programme issued for acceptance under NEC4?
- How does a programme become an Accepted Programme under NEC4?
- How is an Accepted Programme used under NEC4?
- How is a compensation event assessed under NEC4 when the Accepted Programme is out-of-date?
- How is a compensation event assessed under NEC4 when there is no Accepted Programme?
Look out for the first article in the series, which is coming soon.
How to get in touch
As construction law specialists, we understand the challenges faced when delivering projects. Clients trust Pyments Law to guide them with vetting and managing contracts, dispute avoidance and, if necessary, formal dispute processes.
To find out more about how we can help you, contact our Director Warren Berwick on 0121 663 0287.
How to subscribe
If you would like to be added to our mailing list to get our series of articles sent to you, simply complete the form on our homepage.
As with all our blogs, these are intended to share general information. If you have any specific contractual issues, you should take specific legal advice.