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Clause 15
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Question 1

The n/s subcontractor submitted his programme soon after his appointment by the contractor. It is now three months later and he has not responded to repeated requests to update his programme to reflect the actual progress being made on site. This makes it difficult to assess claims for extensions of time and to ensure that the flow of n/s subcontractors’ documentation, schedules etc do not cause delays. I cannot find any clause to support my request for the updating of the programme. What action can I take?

Ref: N15.001

Answer

I sympathise with the problem that you are facing. The only clause that relates to the problem is 15.3 where the word “diligence” is used the definition of which is: “careful and conscientious in one’s work or effort”.
In my opinion the n/s subcontractor is not being “diligent” in not updating his programme. However the real issue is comes to the fore when the contractor submits a claim for and extension of time due to default by a nominated subcontractor. In most circumstances the updated programme will support the contractor’s claim whereas the initial version will not

SPECIAL NOTE: The 5.0 Edition defines “programme” and requires the contractor to prepare a programme of the works which clearly must include the n/s subcontractors’ works and continuously revise and modify such and issue copies timeously to the principal agent. I believe that this new provision will be found to be advantageous to all parties related to the building process