NEC4 – PROGRAMME REQUIREMENTS

The following 3 tables will assist in compiling Programmes under the NEC4 suite of contracts:

TABLE 1 – SOME USEFUL NEC4 DEFINITIONS

Accepted Clauses This is the Programme identified in the Contract Data or is the latest
Programme 11.2 (1) Programme accepted by the Project Manager (PM). The latest programme
& 31.3 supersedes previous accepted programmes. There are 4 possible reasons for
not accepting the Programme:
▪ The Contractor’s plans are not practicable
▪ It doesn’t show the information that the Contract requires
▪ It doesn’t represent the plans realistically, or
▪ It doesn’t comply with the Scope
If the PM doesn’t notify acceptance or non-acceptance within a 2-week
period, the Contractor can notify the PM of the failure and if it continues for
a further one week after notification it is then deemed to be accepted.
Completion Clause Completion is when the Contractor has done all of the work which the Scope
Date 11.2 (3) states is to be done by the Completion Date and corrected notified defects
& 30.1 which would have prevented the Client from using the works or for Others to
do their work. Delay to the Completion Date (when assessing a Compensation
Event) is the length of time (due to the Compensation Event) that Planned
Completion is later than Planned Completion as shown on the Accepted
Programme.
Contract Date Clause This is the date when the Contract came into existence
11.2 (4)
Key Dates Clause These are dates specified in the Contract Data which define key elements of
11.2 work to be completed. The Contractor will be expected to show on his
(11) Programme – the work planned relevant to the Key Date.
Scope Clause This is information which specifies and describes the works or states any
11.2 constraints on how the Contractor provides the works and is in either the
(16) documents referred to in the Contract Data or in an instruction.
Early Warning Clause When the Contractor or PM becomes aware of an issue that could increase
15.1 the prices, delay completion, delay meeting a key date or impair performance
– he will issue an Early Warning. This triggers a meeting between the two in
order to seek a solution which may or may not lead to a Compensation Event.
Planned Clause
This is the date when the Contractor expects to complete the Works
Completion 31.2
Compensation Clauses These are events which are not the Contractor’s fault and entitle him to be
Event 60 to 66 compensated for any effect that the event has on the Prices and the
Completion Date. NEC4 Clause 60.1 lists all of the possible eventualities (21
in total) that could result in Compensation Events. Notification of a
Compensation Event triggers a process for costing, assessment and
implementation.
If the Programme for the remaining work is altered by the Compensation
Event, the Contractor includes the alterations to the Accepted Programme in
his quotation.

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 NEC4 – PROGRAMME REQUIREMENTS

TABLE 2 – PROGRAMME CHECKLIST

This table contains all of the activities and milestones that might be expected to be included within a
Contractor’s Programme under NEC4 and therefore could be a useful checklist when requesting information
from a client:
NEC4 Activity/
Description
Clause milestone
11.2 (4) Milestone Contract Date
Preparation & submission (one week after the Starting Date) of an Early Warning
15.2 Activities
Register (formerly the Risk Register under NEC3) from the PM to the Contractor
15.2 Milestone First Early Warning meeting – within 2 weeks of the Starting Date
Revision & resubmission of the Early Warning Register – within one week of the
15.4 Activities
first meeting from the PM to the Contractor
Contractor’s Design (parts of the works stated in the Scope as the Contractor’s
21.1 Activity
responsibility)
21.2,
Milestone Contractor’s Design Submission – Works
21.3
23.1 Milestone Contractor’s Design Submission – Equipment
PM’s Acceptance of Design – the Contractor cannot proceed with the relevant work
21.2 Activity
until the PM has accepted the Design
27.1 Activity Other’s Acceptance of Design (where appropriate)
Contractor’s Insurances – loss or damage to the works, plant & materials, loss or
83.2.
Activities damage to equipment, loss or damage to property and death or bodily injury to
83.3
employees
84.1 Activity PM’s Acceptance of Insurances
26.1 Activity Procurement of Subcontractor(s)
26.2, Contractor submits name(s) of Subcontractor(s) and proposed Conditions of
Activity
26.3 Contract
26.2,
Activity PM’s Acceptance of Subcontractor(s) (and Conditions)
26.3
31.1 Activity Contractor’s Programme submission
31.2 Milestones Starting Date, Access Dates, Key Dates, Planned Completion & Completion
35 Milestone Take Over Date (not more than 2 weeks after Completion)
31.2 Activities Contractor’s Method Statements
Order & timing of all of the operations that the Contractor intends to carry out. The
31.2 *Activities Activity Schedule or Bill of Quantities can provide a planning guide but shouldn’t be
used directly to determine how to design or build the works.
Order & timing of all of the operations that the Employer & Others intend to carry
31.2 Activities
out

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 NEC4 – PROGRAMME REQUIREMENTS

Provision for Time Risk Allowance – shown on the Programme as allowances

attached to the duration of each activity or part of the works. These are important
31.2 Activities
as they are retained in the assessment of delay due to the effect of a Compensation
Event.
Provisions for Float – to mitigate or avoid delay to Planned Completion. Float is any
31.2 Activities
spare time in the Programme after Time Risk Allowances have been included.
Provision for Health & Safety Requirements – allowance in the Programme for any
31.2 Activities
statutory procedures such as the Health & Safety Plan under CDM.
31.3 Activity PM’s Acceptance of Programme – within 2 weeks of submission
40.2 Milestone Contractor’s Quality Policy Statement and Quality Plan submission
40.2 Activity PM’s Acceptance of Quality Documents
Test & inspections of plant and/or machinery prior to delivery e.g. factory
42.1 Activities
acceptance tests
72.1 Activities Removal of equipment which is no longer needed e.g. cranes, site offices etc.
TABLE 3 – REVISED PROGRAMME CHECKLIST
This table contains all of the activities that might be expected to be included when a Contractor’s
Programme is revised under NEC4:
Actual progress achieved on each operation and its effect on the timing of the
32.1 Activity
remainder of the works
32.1 Activity How the Contractor plans to deal with any delays and to correct notified Defects
Any other changes that the Contractor proposes to make to the Accepted
32.1 Activity
Programme (see 62.2 below)
62.2 Activity If appropriate – a programme for remaining work altered by a Compensation Event

* For each operation included in the Programme, the Contractor is requested to provide a statement on how
he plans to do the work identifying the principal equipment and resources he intends to use. He would
normally provide this information in a Method Statement and the activities in the programme will be loaded
(resourced) appropriately by the planner with labour, plant & materials.

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