WHERE A CONTRACTOR SUBMITS A PROGRAMME, IS HE OBLIGED TO FOLLOW IT OR CAN HE AMEND IT AT HIS OWN DISCRETION?

Some forms of contract not only require the Contractor to submit a programme but specifically give the Employer's Agent powers in relation to the programme.

The JBCC Series 2000 Principal Building Agreement on the other hand contains little or no reference to the Contractor's programme.

The Preliminaries document, clause 4.2 addresses the programme and requires the Contractor to prepare and be responsible for a programme, in sufficient detail to enable the Principal Agent to assess the progress of the Works, and to implement and modify the programme where significant deviations take place.

The Contractor is required to provide copies of the programme for the Principal Agent, but noticeably, there is no requirement for the Principal Agent to approve or agree the programme.

Some forms of contract therefore, expressly require the Contractor to seek approval of his programme and amendments thereto, whereas others do not.

In the absence of an express requirement to seek approval, the Contractor can prepare and amend his programme at his own discretion.

However, Contractors should be aware that, if amendments are made without gaining the approval of the Principal Agent, then the Principal Agent may feel under no obligation to issue drawings, details, etc, in order to meet the revised programme.

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