Under NEC, the programme is much more than a bar chart showing when the works are expected to start and finish. It is one of the principal tools used to manage the project, assess change and establish the contractual effect of delay.
For a contractor, a well-prepared programme does more than satisfy Clause 31. It creates a reliable record of the planned sequence, identifies what is required from the Client and Others, and provides the framework against which compensation events can be assessed.
A programme that is incomplete, poorly logic-linked or disconnected from the way the works are actually being delivered can leave a contractor exposed. It may be difficult to demonstrate the effect of a change, establish entitlement to additional time or challenge an assessment made by the Project Manager.
The contractual dates
Every programme submitted for acceptance should clearly show the contractual dates relevant to the works. These normally include:
Planned Completion and the Completion Date are not the same thing.
The Completion Date is the contractual date by which Completion is required. Planned Completion is the date on which the contractor currently plans to complete the works.
Planned Completion may move as progress changes or as the contractor revises its proposed sequence. The Completion Date only moves through the mechanisms provided by the contract, principally the implementation of compensation events or an agreed acceleration.
This distinction is important because the period between planned Completion and the Completion Date is generally treated as terminal float. Under NEC, that period is retained for the contractor’s benefit when the effect of a compensation event is assessed.
A programme should therefore always show these milestones separately and accurately.
The order and timing of the works
The programme must show the order and timing of the operations the contractor intends to carry out in order to Provide the Works.
In practice, this means producing a properly logic-linked programme that reflects the actual construction methodology. The programme should show:
The level of detail needs to be appropriate for the complexity of the project.
A programme containing a small number of long-duration activities may technically show the overall sequence, but it will often be of limited value when assessing progress or delay. If an eight-week activity is affected by a compensation event, it can be difficult to establish precisely which part of the activity was delayed and what effect that had on planned Completion.
Breaking the work down into sensible and measurable activities makes progress easier to assess and provides a much stronger basis for demonstrating delay.
The programme also needs to reflect how the contractor genuinely intends to deliver the project. A programme produced simply to obtain acceptance, but which bears little resemblance to the construction plan, is unlikely to provide meaningful contractual protection.
Work by the Client and Others
The programme must also show the order and timing of work to be carried out by the Client and Others.
This is one of the most important parts of an NEC programme from a contractor’s perspective.
The contractor should identify all Client and third-party activities that could affect its ability to proceed. These may include:
These requirements should be clearly incorporated into the programme rather than left in a separate schedule that is not properly linked to the construction activities.
This creates clear contractual “hooks” showing when the contractor requires information, access or work by Others to be completed.
That is particularly important because several NEC compensation events refer directly to dates and periods shown on the Accepted Programme. These include failures to provide access, failures by the Client to provide something by the required date, and failures by the Client or Others to work within the times shown on the programme.
If the required dates are not shown, the contractor may find it much harder to demonstrate the effect of the failure.
Key Dates
Key Dates are contractual milestones requiring a stated condition to be achieved by a specified date.
They are different from sectional Completion. A Key Date may require the contractor to complete part of the works or achieve a particular condition so that the Client or Others can proceed, without the Client taking over that part of the works.
The programme should clearly show:
Contractors should treat Key Dates carefully. If the required condition is not achieved by the specified date, the contractor may be liable for additional cost incurred by the Client as a result.
The programme should therefore be used to monitor the risk of missing a Key Date in the same way as the risk of missing Completion.
Where a potential delay is identified, the contractor should consider whether an early warning or compensation event notification is required.
Float
NEC requires the programme to show float.
Float is generated by the logic and durations within the programme. It identifies the amount of time by which an activity may be delayed without affecting planned Completion.
A programme in which every activity appears critical is unlikely to represent a realistic delivery plan. In many cases, this indicates that the programme has been constrained, poorly logic-linked or deliberately structured to remove float.
That can create problems during acceptance and during the assessment of compensation events.
The programme should therefore contain realistic logic and allow the available float to emerge naturally.
Contractors should also understand that general programme float is normally available to absorb either contractor delay or the effect of a compensation event. In practical terms, it is often used by whichever event reaches it first.
Time risk allowances
Time risk allowance is separate from ordinary programme float.
It represents the allowance included within an activity duration for the contractor’s own risk. This may include reasonable provision for matters such as:
For example, the contractor may calculate that an activity could be completed in 13 working days under ideal conditions, but allow 15 days in the programme to reflect foreseeable delivery risk. The additional two days may be identified as time risk allowance.
The programme should clearly demonstrate where time risk allowance has been included.
This is particularly important when assessing compensation events because the contractor normally retains its time risk allowances. The assessment should not simply consume allowances that were included to protect the contractor against its own delivery risk.
In practice, one of the clearest ways to show time risk allowance is to include a dedicated column in the programme.
Access, information and acceptances
The programme should show the dates by which the contractor requires access, information, acceptances, Plant and Materials, and other inputs necessary to carry out the works.
These requirements should not be shown as arbitrary early dates. They need to reflect:
The programme should also link each requirement to the activity that depends upon it.
For example, a design acceptance milestone should be linked to procurement or construction activities that cannot proceed until the design is accepted.
This creates a clear cause-and-effect relationship. If the information is not provided by the date shown, the programme can demonstrate the effect on the downstream works and planned Completion.
Resources and principal Equipment
The programme submission must include a statement of how the contractor plans to carry out the works, identifying the principal Equipment and other resources it intends to use.
It is not enough for the programme logic to appear workable in isolation. The proposed sequence also needs to be achievable with the resources available.
A programme may show several activities running concurrently, but if each activity requires the same specialist team or item of plant, the sequence may not be realistic.
Resource information can be shown through:
The appropriate level of detail will depend on the project and the requirements stated in the Scope.
A supporting programme narrative is often useful. It can explain the proposed methodology, identify the current critical path, describe the principal resources and highlight what has changed since the previous submission.
A clear narrative can also make the acceptance process more efficient because it helps the Project Manager understand the programme rather than having to interpret the changes without explanation.
Health and safety and contractual procedures
The programme must include provision for health and safety requirements and the procedures set out in the contract.
This may include time for:
These activities are sometimes omitted because they are not viewed as physical construction work. However, they may be essential to the delivery sequence and can have a direct effect on planned Completion.
If an approval or testing process is necessary before the next stage can begin, it should be represented in the programme.
Additional requirements in the Scope
Clause 31.2 is not the only source of programme requirements.
The Scope may require additional information, reports, software formats or programme outputs. These could include:
The contractor should review the Scope carefully before preparing the first programme.
A programme may satisfy the general requirements of the NEC conditions but still be rejected because it does not include project-specific information required by the Scope.
Correlation with the Activity Schedule
Where an Activity Schedule is used, the programme and Activity Schedule need to be properly correlated.
They are not the same document.
The programme shows the sequence and timing of the operations. The Activity Schedule provides the pricing structure used for payment under the relevant main option.
The contractor should be able to demonstrate how activities in the Activity Schedule relate to the operations shown on the programme.
Poor correlation can create difficulties when assessing the Price for Work Done to Date, evaluating change and explaining the commercial effect of programme movements.
Why acceptance matters
The Accepted Programme is central to the operation of the NEC contract.
It is used when assessing compensation events and determining the effect of change on planned Completion. It also records the dates on which the contractor expects the Client and Others to fulfil their obligations.
Where the contractor fails to submit compliant programmes, the consequences can be significant.
The Project Manager may be required to assess compensation events using their own view of the programme and the effect of the event. This means the contractor loses a degree of control over the assessment.
There may also be payment consequences where the first programme has not been provided in accordance with the contract.
However, obtaining acceptance should not become the only objective.
An accepted programme that is inaccurate, unrealistic or disconnected from the actual delivery strategy may provide a false sense of security. The better objective is to produce a programme that is both contractually compliant and genuinely useful for managing the works.
A contractor’s practical checklist
Before submitting a programme for acceptance, the contractor should ask:
A compliant NEC programme should answer all of these questions.
Conclusion
A good NEC programme is not produced simply to obtain acceptance. It should be the central management tool for the project and the principal record of how the contractor intends to deliver the works.
For the contractor, the real value lies in creating a programme that:
The strongest programmes are those that are accurate, sufficiently detailed and regularly maintained. Acceptance remains important, but programme quality is what ultimately allows the contractor to manage the project and demonstrate entitlement when delay or change occurs.
