Under ECC Option C (target contract with activity schedule), the project manager has given an unqualified acceptance of a programme under clause 31.3. Is he deemed to have accepted the information on that programme, even if the project manager subsequently realises that he should not have accepted it because it contained shorter design acceptance periods for the employer than those specified in the works information?
Answer
Acceptance of anything by the project manager does not change the contractor’s responsibility to provide the works, as stated in clause 14.1. ‘Provide the Works’ is a defined term in clause 11.2(13) and basically means to do the work in accordance with the contract. Acceptance does not change any of the terms of the contract, including any acceptance procedures or times. These cannot be deemed to be changed by the project manager’s acceptance of the programme.
Clause 13.3 requires the project manager and contractor to reply to any communication within the period for reply, which is set out in the contract data, unless otherwise stated in the contract. Design acceptance periods in the works information would qualify for this exception I have mentioned.
