Could you please confirm that if there is a programme identified in contract data part two of an NEC3 Engineering and Construction Contract (ECC), then this is deemed to be the first accepted programme in accordance with clause 31.1?
Answer
If you look at clause 11.2(a), you will see that once a tender is accepted, the programme you have specifically referred to in the contract data part two basically becomes the first accepted programme.
You are still required however to provide further programmes for acceptance at the intervals stated in the contract data part one (see clause 32.2) and, if you do not, you are in breach of contract. In the case of such a breach, project managers can use their own assessment of the programme when assessing compensation events (see clause 64.2).
