The building contract will need to make allowance for programme information if this is required for the works. The industry recognizes this need, and many standard forms of contracts address the topic of programme, each with a different approach and degree of prescription. To address the issue set out above productively and to foster effective working arrangements, the relevant drafting of a building contract should address three distinct points. First: Agree the way forward The contract should seek to establish the agreed methodology for the programme. Perhaps the most straightforward approach is to draft the building contract so that it provides for an agreed initial form of master programme incorporating all packages and work items to a prescribed level of detail. Since the programme is dynamic, it should also set out the information requirements for future new versions. The question of key dates, logic links and float within the programme should be dealt with, perhaps with reference to the approach adopted by the initial master programme in order to maintain a consistent level of detail. This will hopefully narrow the scope for disagreements between the employer and contractor relating to programme
and issuing the programme is not overly onerous as this can add unnecessary cost and increase the administrative burden on both the employer’s and the contractor’s administrative staff. Do bear in mind that an updating requirement that is too onerous might ultimately become unworkable and have to be abandoned. This may lead to uncertainty as to what the parties are, in fact, required to do once this contractual regime has been discarded. With this caution in mind, you may want to consider introducing some flexibility so that, for instance, instead of regular periodic updates of the programme, such information is required to accompany any application for an extension of time. Third: Incentives Of course, it is more favourable for the employer to have updates to the programme made available to him regularly. Programme provisions in the contract should include some form of mechanism to oblige the contractor to produce a programme and/or resolve any related deadlock between the parties. One option is to include a right for the employer to withhold interim payments until the contractor provides the updates. This is unlikely to be popular with the contractor and may even encourage disruption to the works or a dispute if enforced. In addition to being crude in application, this drafting approach offers no practical remedial step for producing a programme. A better approach in these circumstances, and in the absence of a programme produced by the contractor, is to allow the employer to
information requirements. Second: Keep it going
Decide the frequency for the contractor to prepare updates of the programme to issue to the employer. Take care to ensure that the contractual regime for updating
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