5. REVISED PROGRAMME IF “THE ACTUAL PROGRESS OF THE WORKS DOES NOT CONFORM WITH THE APPROVED PROGRAMME”— whether because the permanent or temporary works are ahead of or behind the programme, or have departed from the programmed sequence. In view of the sundry rights of the contractor to claim compensation for delay and disruption, it is most important that the engineer should exercise this right to obtain a revised programme so that the programme to which the contractor is actually working is in the engineer’s hands at all times.
For “Programmemanship” see p. 442. The engineer is not given any specific right to require a programme to be revised because he believes that it is unrealistic—that the future progress of the contractor is unlikely to conform to it. But it is suggested that he can refuse to accept such a programme on the grounds that it does not genuinely represent the contractor’s plans as it is required to do by sub-cl. (1). See also next note.5(a). “EXTENDED TIME GRANTED PURSUANT TO CLAUSE 44 (2)”. Read literally the right to “modifications to the original programme necessary to ensure completion…within the time for completion…in clause 43 or extended time…” does not entitle the engineer to require a programme showing the contractor’s actual plans to minimise late completion, where late completion is inevitable. A programme that is not actually a plan of what is intended to be done is a contradiction in terms, and the engineer may be able to make some use of his right to “further details and information” under sub-cl. (1) to obtain realistic information. When approving a programme showing late completion, the engineer will make it clear that he is not granting an extension of time.
It is not clear why cl. 44 (3) is not mentioned here.
6. “AT SUCH TIMES AND IN SUCH DETAIL AS THE ENGINEER MAY REASONABLY REQUIRE”. See p. 418 for the contractor’s remedy if the engineer is unreasonable.
7. “INFORMATION PERTAINING TO THE METHODS OF CONSTRUCTION (INCLUDING TEMPORARY WORKS AND THE USE OF CONSTRUCTIONAL PLANT) …CALCULATIONS OF STRESSES STRAINS…AS WILL ENABLE THE ENGINEER TO DECIDE WHETHER…THE WORKS CAN BE EXECUTED IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATION”. “Works” includes all temporary works (cl. 1 (1) (l)).
Note the a bsence of any reference to the works being capable of execution in accordance with engineer’s instructions not embodied in a drawing or specification (compare cls. 26 (2) (a) and (b) and 20 (2)).
8. “AND WITHOUT DETRIMENT TO THE PERMANENT WORKS WHEN COMPLETED”. It is suggested that this phrase includes cases where the detriment to the permanent works consists of latent deficiencies that will not produce collapse, settlement or other actual damage for a time. Whether the possibility of future trouble is sufficient must depend on the degree of likelihood of the trouble eventuating and the time it will take to appear, the seriousness of the defect, and the intended life of the works.
The words “when completed” are not repeated in sub-cl. (4) (b).
9. THE LIMITED SCOPE OF THIS SUB-CLAUSE is discussed in N. 21.
10. “THE ENGINEER SHALL INFORM THE CONTRACTOR IN WRITING WITHIN A REASONABLE PERIOD AFTER RECEIPT OF THE INFORMATION”.
See p. 365 on the circumstances relevant to calculating a “reasonable period”.
