The biggest change to the NEC4 programme rules is that silence can now count as acceptance. If the Project Manager misses the two-week reply under clause 31.3, the Contractor can notify that failure, and if a further week passes without an answer, the programme is treated as accepted.
The clauses keep their numbers (31 and 32), but a few other details also moved. This page covers the differences between the NEC3 and NEC4 ECC. For how the programme works overall, see the NEC programme guide, and for other edition changes, the NEC4 contracts guide.
What changed
| Point | NEC3 ECC | NEC4 ECC |
|---|---|---|
| No reply to a programme | A compensation event under 60.1(6), with no acceptance | A compensation event, and treated as accepted after a notification and a further week (31.3) |
| Form of programme | Not addressed in 31.2 | In the form the Scope states (31.2) |
| Revised programme content | Includes showing implemented compensation events | That specific wording is removed (32.1) |
| Withholding until a first programme | One quarter, 50.3 | One quarter, 50.5 |
| Delay in an assessment | 63.3, against the Accepted Programme | 63.5, against whichever Accepted Programme applied at the dividing date |
| Acceleration | Project Manager can instruct a quotation | Either can propose; a quotation follows only if both are willing to consider it (36.1) |
| Option C activity schedule link | 31.4 requires activities to relate to the programme | That Option C clause has gone |
Treated acceptance, step by step
- The Contractor submits a programme for acceptance showing what 31.2 requires.
- The Project Manager has two weeks to accept it or give a reason for not accepting.
- If nothing comes, the Contractor can choose to notify that failure to the Project Manager. This step is the Contractor's choice, and nothing happens automatically without it.
- If the Project Manager still hasn't replied a week later, the programme is treated as accepted.
Under the ECS the periods are longer: three weeks and then two. Check them for your subcontracts. The programme deemed acceptance guide goes through the process in more detail.
A worked example
A fictional Option A school extension, with illustrative dates. The Contractor submits revision 4 on 3 June, showing a resequenced roof package and planned Completion two weeks later than the Completion Date. The Project Manager has concerns about the sequence, but is on another job.
| Date | What happens |
|---|---|
| 17 June | Two weeks pass with no reply |
| 18 June | The Contractor notifies the failure under 31.3 |
| 25 June | A further week passes with no reply, so revision 4 is treated as accepted |
| 2 July | A compensation event arises. Delay is measured against revision 4, including its questionable sequence and any float it shows |
Treated acceptance doesn't move the Completion Date, because the date changes only as the contract provides. But it does change the baseline for later assessments. So the Project Manager's concerns about the roof sequence would have needed raising by 25 June.
What this changes for each side
Project Managers
- Log the date of every submission and the two-week reply date, with a deputy who can cover absence.
- Act on a failure notification straight away. The further week is short.
- Give reasons the contract allows: the plans aren't practicable, required information is missing, the plans aren't realistically shown, or it doesn't comply with the Scope (31.3). See the programme review checklist.
Contractors
- Keep sending programmes that are good enough to accept, because a Project Manager can simply give reasons rather than stay silent.
- Don't assume a programme missing required information gets through. Whether a non-compliant programme can ever be treated as accepted is an argument you would rather not have.
- Send failure notifications as separate communications, not within a report (13.7).
Clients drafting the Scope
- State the form of the programme: software, file type and any logic or reporting rules. Since 31.2 relies on the Scope for this, a vague Scope gives you little to rely on.
- Consider the interval for revised programmes in the Contract Data. Programme revision periods covers the choice.
The revised programme wording
NEC3's revised programme clause said implemented compensation events were to be shown. NEC4 no longer says that. Published commentary explains that this was intended to stop people thinking only implemented events belong on the programme. In practice, show the effect of notified events on planned Completion, since a programme that ignores them doesn't represent the Contractor's real plan. The clause 32 guide has more on this.
Related guides
- NEC4 Contracts: A Complete Guide
- Cost and Fee Changes in NEC4
- Final Assessment of the Amount Due in NEC4
- Dispute Resolution Changes in NEC4
- NEC3 vs NEC4: The Main Differences
- Early Warnings: What Changed in NEC4
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This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.