Programme Acceptance It is important to first explain the key differences in Programme Acceptance between NEC3 and NEC4 Contract Types. As covered in our past article, within NEC3 in the absence of a Project Manager’s response, the contract provided that the programme was simply ‘not accepted’, putting all the risk onto the Contractor in allowing the Project Manager to to withhold 25% of the price of work done to date if the Contractor does not provide a programme in accordance with Cl.31. Within NEC4 the position is improved and the contract includes a provision whereby in the absence of a Project Manager’s response to the submitted programme within two weeks, the Contractor can serve notice of a further week. After this, if there is still no response then the contractor’s programme is ‘deemed accepted’ under the contract.

1. The importance of 3 Core NEC Time Clauses when submitting a programme
 27th January 2022
 SiteAdmin
 Cost Control Management, NEC, Project Planning
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Via our chat function we received an interesting question…
Morning , just a quick query under NEC4 when you submit a clause 32 programme do you use the
clause 31 or last accepted clause 32 as Baseline. Many planners are using different methods I use
the accepted Clause 31 and add CE’s to accepted Clause 32 and then add to Clause 31 is this
correct ?
Regards Mr J [real name redacted]
Unfortunately Mr J (real name anonymised) was in a rush and did not provide their e-mail address for
us to post an answer, but we still thought it was a cracking question…
So we thought we would do it here!
Programme Acceptance
It is important to first explain the key differences in Programme Acceptance between NEC3 and NEC4
Contract Types.
As covered in our past article, within NEC3 in the absence of a Project Manager’s response, the contract
provided that the programme was simply ‘not accepted’, putting all the risk ontothe Contractor in
allowing the Project Managerto to withhold 25% of the price of work done to date if the
Contractor does not provide a programme in accordance with Cl.31.
Within NEC4 the position is improved and the contract includes a provision whereby in the absence of a
Project Manager’s response to the submitted programme within two weeks, the Contractor can
serve notice of a further week. After this, if there is still no response then the contractor’s
programme is ‘deemed accepted’ under the contract.
Preparation of Compensation Events Costs
Another key difference between NEC3 and NEC4, is that the newer version allows recovery of costs
even where the Project Manager proposes an instruction which is not accepted. The past exclusion
for the cost of preparing compensation events has been deleted and is now recoverable underall
Options. There is now the introduction of new CE clause 60(1)(20) (“where the PM notifies the
Contractor that a quotation for a proposed instruction is not accepted”).
3 Core Time Clauses
Within NEC Professional Services Contract, there are 3 core Schedule related clauses within the
Professional Services Contract which we shall use to answer the original question posed:
 Clause 30 Starting, Completion and Key Dates
 Clause 31 The programme
 Clause 32 Revising the programme
To answer Mr J’s question the two key concept to understand is that there is a “Planned Completion
Date” and the ‘Completion Date’.
Under Clause 31.2 the programme issued for acceptance will show the “Planned Completion Date”,
which will be driven by the any event that affects the criticalpath.
The other is the “Completion Date“, which can only be changed ‘in accordance with the Contract. This
reflecting that the contractoris contractually obliged to achieve ‘Completion’ on or before the
‘Completion Date’, under clause 30.1.

2. So under Clause 14.1 “acceptance of a programme” cannot and will not change that responsibility of
meeting the ‘Completion Date’ in Clause 11.2(3), that being ‘Completion Date’ in the contract data.
NEC contract documentation does set out when the date can be changed (eg., 44.2, 36.3 and 65.4),
however acceptance of the programme, does not by itself change the “Completion Date”.

3. As covered under clause 31.3 the Project Manager has to accept or not accept a programme within two
weeks of submission. Any non-acceptance having to be communicated backto the Contractor in
sufficient detail to Contactor tocorrect the submission (via a separate response under Clause 13.7).
The four reasons reasons for non-acceptance are:
1. Contractor’s plans shown are not practicable
2. It does not show the information which this contract requires
3. It does not represent the Contractors plans realistically
4. It does not comply with the Scope
As such the programme should show the starting date, access dates, key dates and completion dates
when the Contractor plans to meet each condition stated for the Key Dates. It should also show the
Planned dates when the contractor plans to complete work required to allow others to carry out

4. works. It also needs to show the dates when the Contractor needs access to the site if this is later
than their planned access dates. Acceptances, plant, materials and other things to be provided by
the Client should also be identified. Finally for each operation, a statement of how the Contractor
plans to do the work should be given.
If not met, the Project Manager can respond under Clause 13.7 on the reason for non-acceptance. If the
Project Manager chooses not to accept for any other reason, then by default that would be a
compensation event under 60.1(9).
In revising the programme under Clause 32.1, to update the accepted programme under Clause 31, Mr
J should remember…that the acceptance of a programme does not change the responsibility to
‘Provide the Works’ in clause 11.2(13).
However it should be borne in mind that Clause (14.1) states that acceptance of any communication
does not transfer liability away from the Contractor to comply with their obligations underthe
contract. And so, the “Completion Date” as defined by 11.2 remains. That said, acceptance of the
programme is still significant as it recognises that the Client has given affirmation that from their
perspective that the programme is realistic, practicable and shows the information that the
contract requires.
The “Accepted Programme” as laid out under Clause 31, and defined under 11.2, is thereby the
reference point for all compensation events and change that occur. If there is no recent “Accepted
Programme” then commercial resolution is made the more difficult as reference will have to be
made to the last “Accepted Programme”, which will inevitably differ from the latest “Revised
Programme” under 32.1.
The workflow below can be used to explain a scenario how the under 32.1 the Contractor is responsible
for correcting all Work which the Client has found to be defective or which fails to conform to the
Contract Documents whetherobserved before or after Substantial Completion.

5. NECProject ManagementProject Portfolio Management (PPM)
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