You are here:

Construction Law/Sub-Clause 8.3 Programme

Advertisement


Question
QUESTION: Dear Mr. Peter,

Greetings!!!

As per Sub-Clause 8.3 Programme, the Contractor shall submit a detailed time programme to the Engineer within 28 days...,

Q1: In this sub-clause 8.3 (a) to (d)..., detailed time programme it does mean that the programme of work must be resource and cost loaded?

Q2: Do the Engineer need to APPROVE or REJECT the programme if the programme does not comply with the Contract?

I mentioned question #2 because one of my colleague says the Engineer does not have to answer the letter using the words APPROVE or REJECT the programme rather than to say "DOES NOT COMPLY WITH THE CONTRACT...,"

However, in my point of view, how does the Engineer might know if the programme is ACCEPTED to him if he does not APPROVE it or REJECT. What should be the correct WORDS or TERMS to response to the letter if the programme is acceptable as per the condition of contract?

By the way, we are using FIDIC 1999 First Edition

Thank you

Regards,

AJ

ANSWER: Dear AJ,

Read clause 8.3.

1, Sublause (d) "(ii) details showing the Contractor’s reasonable estimate of the number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment, required on the Site for each major stage."

so the programme has to be resourced if not costed, but the Engineer would probably ask for a cash flow forecast, which would be a reasonable request.

2. "Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed ...."  

so the Engineer is not required to approve the programme, merely to say, within 21 days of receipt, that it is non-compliant with the Contract and state the extent.  The Engineer has no power to release The Contractor from any of his obligations so an 'approval' has no value.   If the programme is compliant, not acceptable, then the Engineer has to do nothing.  

---------- FOLLOW-UP ----------

QUESTION: Sir, thank you so much for your prompt reply.

Q1: AGREE and CLEARED

Q2: I just want to clarify this para. "The Engineer has no power to release The Contractor from any of his obligations so an 'approval' has no value. If the programme is compliant, not acceptable, then the Engineer has to do nothing."

Can you please explain further why the Engineer has no power and has nothing to do with this statement...,

Answer
Dear AJ

Read clause 3.1 'The Engineer shall have no authority to amend the Contract.'  

No authority to amend the contract means that he has no power to release the Contractor from his obligations.  Also consider the implications of Clause 11.9.  

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Peter M. Elliott

Expertise

First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

©2016 About.com. All rights reserved.