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Streetwise Answers

We are carrying out a project where an overall programme was agreed

Subsequently several weeks into the project The main contractor introduced a Target Programme which they have not met

In contract law where does a target programme sit. I presume that the the inital agreed programe is the over riding legal document

Joe

ATC Electrical


Hi Joe

The question of your obligations in respect of time is a tricky one to answer without seeing the specific details.

As always you need to look at the contract in order to determine what the parties have agreed. As a matter of law, this may turn out to be different from what the parties think they have agreed.

For example if the contract specifies that you will start on site on a given date and complete your works in 12 weeks then that is all you need to establish your contractual obligations. If that is the way the contract is set up , then in the absence of any provisions to the contrary then the programme is merely an indication as to how your obligations to complete in 12 weeks from"x" date can be achieved.

Alternatively, if the contract sets out to determine your contractual obligations by reference to a programme, then you will need to look even more carefully at the specific wording of the contract. It may well be that you are tied in to multiple changes of the programme without any recourse against the main contractor!

Similarly, I have seen instances where the Main Contractor has introduced a Target Programme that had no contractual validity, and then sought to recover costs from his sub-contractor because they failed to achieve it!

You need to take professional advice as soon as possible and in that regard I will e-mail privately to provide a few options.

Best regards

Barry


Posted by: barryashmore - Return

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