Accepted programmes and information release

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Does approval or acceptance of a programme require information to be issued in accordance with its sequence?

Programme status, information duties and reasonable notice

Not necessarily. Programme approval does not, without supporting wording, replace the contract's information-release obligations. The executed contract determines when information is due and what role the programme plays.

Quick answer

Programme acceptance alone does not create an unrestricted duty to issue information solely to suit that programme

Read the programme clause, information schedule and request procedure together. The contractor should give adequate advance notice of the information required and show why the requested date is reasonable in all the circumstances. Progress and the accepted sequence may be relevant evidence, but the design team must also have reasonable production time and necessary inputs. Some contracts expressly give the accepted programme a stronger role; that effect must come from the wording.

IssuePosition
Approved programmeMay record intent without amending duties
Information release scheduleExpress dates ordinarily govern
Contractor requestShould identify need date and reasonable lead time
Reasonable issue timeAssessed from all relevant circumstances
Express accepted-programme mechanismMay give programme contractual effect

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