Where the architect or contract administrator approves or accepts a contractor's programme or engineer, is the contractor obliged to follow it, or may the contractor amend it at its own discretion?
A programme is meant to be flexible, and a contractor usually expects to revise it to recover delay. Whether the contractor may amend an accepted programme at will, or must first obtain agreement, turns on the form of contract.
It depends on the form: unless the contract expressly requires approval to amend, the contractor may revise an accepted programme at will, but where the programme is a contract document or the form requires consent, under GC/Works/1, MF/1 or the Engineering and Construction Contract, the contractor must obtain agreement first, and an architect not asked to accept a revised programme may consider that information need not be issued to suit it
It depends on the form of contract. A programme is usually a flexible document, rarely a contract document, so that the contractor can revise it, most often to recover its own delays, without being tied to every original date. Under most JCT and ICE work there is no express requirement to seek approval before amending, and the contractor may revise the programme as it wishes. Some forms are different: GC/Works/1 lists the programme as a contract document and, by condition 33(2), the contractor submits amendments for the project manager's agreement; MF/1, clause 14.4, needs the engineer's consent to any material change; and the Engineering and Construction Contract, by clauses 32.1 and 32.2, requires each revised programme to be submitted to the project manager for acceptance. Even where no approval is required, an architect who has not been asked to accept a revised programme may believe that drawings need not be issued in time to suit it, so the practical course is to submit revisions for acceptance.
| General rule | A programme is flexible and rarely a contract document |
| No express requirement | The contractor may revise the programme as it wishes |
| GC/Works/1, MF/1, ECC | Approval or acceptance required before amendment |
| GC/Works/1 | The programme is a contract document; use condition 33(2) |
| The sting | An architect not asked to accept a revision may withhold timely information |
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