We are the project manager on an NEC3 Engineering and Construction Contract (ECC) Option A (priced contract with activity schedule). A contractor has submitted a first programme for acceptance but we do not believe the date for planned completion shown on this programme is realistic. We know the contractor has lost several days work due to recent high winds preventing use of a crane. We are yet to receive notification of a compensation event regarding the weather, but expect one, and the completion date currently remains unchanged.
Our understanding is that this first programme needs to show a realistic picture of the project at the time it is issued, that is reflecting the impact to planned completion due to weather, or any other delay, regardless of whether a compensation event has been implemented or not. As it stands the programme reflects the situation as if no delay has been experienced and, in our view, this is not a sound basis for the management of the contract or assessment of any compensation events. We would welcome your thoughts on this and whether we would be justified in not accepting the programme as it stands.