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If Programme is a Contract Document Although, many standard forms of contracts (e.g.

FIDIC 4 th /ICE 6th edition Clause 4 and !C" #$ Clause %& recognise the im'otency of the a(aila)ility of an agreed (Consented& 'rogramme. *o+e(er, in ,e+ Engineering Contract (,EC& conditions the 'rogramme has )een recognised as a document. !C" #$ edition still ena)le the 'arties to delete the re-uirement for the master 'rogramme. .sually, the 'rogramme +ill )e su)mitted )y the Contractor +ithin a shorter 'eriod follo+ing the a+ard of the contract. .'on su)mission of the 'rogramme the Engineer issue instruction to 'roceed +ith /or0s. It +ill )e u'dated +hen (ariations instructed and E1tension of "ime for Com'letion is granted. /hen the 2rogramme is not a contract document, des'ite the a(aila)ility of such consented 'rogramme demonstrating the start of the acti(ity, most of the contracts com'el the contractor to ser(e notices +hen information is needed to 'roceed +ith the /or0s (ICE 6th edition 3 FIDIC 4th edition Clause 4.(5& Clause 6(5&& or hindered )y ad(erse 'hysical conditions (ICE 6th edition 3 FIDIC 4th edition Clause 6( & 6(6& &. If the Contractor delays the Contract, the Architect / Engineer can re-uest the Contractor to re(ise the 'rogramme to sho+ measure +hich +ill )e ta0en to meet +ith the time for com'letion. "here is nothing to 're(ent the 'arties ma0ing the 'rogramme contractually )inding. /hen the 'rogramme is a contract document, the status of the 'rogramme may change the )alance of ris0 normally encountered +hen using the standard form. "hen the contractor has to 'erform his +or0s as 'er the 'rogramme. All fle1i)ility +hich is the 0ey to catching u' (mitigation& +hen 'rogress gets )ehind +ould )e disa''eared. /hen the method statement is also a 'art of the contract document together +ith the 'rogramme, their changes constitute (ariations. /hen the 2rogramme should )e a Contract document it +ill )e much )etter to instruct all tenderers to su)mit the 'rogramme together +ith their tenders allo+ing sufficient time and fle1i)ility to re(ie+ and agree. In such e(ent, the ty'e of the 'rogramme shall also )e mentioned. "he 2rogramme shall )e fully resourced ena)ling 'arties to agree and monitor it 7ointly. .nless, it is attri)ute an additional delay to the formation of the contract documents 'artnering and other non8ad(ersarial atmos'here +ill also )e im'ortant to incor'orate the 'rogramme as a contract document. In addition to that 'ossi)ly (ariations and e1tension of time clauses needed to )e amended. "hey shall )e re(ie+ed in detail and to )e ad7usted to 0ee' the consistency.

Kamal Paranawithana 9:c(*ons& ;<IC: Chartered :ur(eyor Chairman, === :u)committee, <IC:8.AE 9oard, Committee ;em)er, CI>98.AE ?rou', Contracts ;anager, *alcro+ International 2artnershi'

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