Delay and Disruption - The Role of the Programme of Works

© Daniel Atkinson 2001 22 November 2001

SUMMARY

There are two main roles for programmes in the management of projects, the Monitor Role and the Dynamic Role.  Five functions of programmes can be identified, three fulfilling the Monitor Role and two the Dynamic Role.  The role assigned by the contract and the particular terms will define which of the five function programmes is required.

The Role of the Programme

Modern construction, which may involve specialist subcontractors and/or international suppliers, requires the managed interaction and coordination of the works. The increased complexity on site requires a rapid and reliable means of analysing different events and effects, so that the process of construction can be managed efficiently.  This is usually achieved through a programme of works.

Many modern construction contracts require the contractor to produce a programme. The programme of work is normally submitted by the Contractor after entering into the Contract. It is intended to assist the parties to plan and manage the Contract and the various interfaces between the Employer and the Contractor as well as other contractors.

The programme has two possible roles in the management of the contract, either a Monitor Role or a Dynamic Role.  The Monitor Role allows the extent of compliance with the parties' obligations as to time to be assessed at particular stages.  The Dynamic Role allows an analysis of progress to determine the corrective actions to be taken to comply with the particular obligation or to ascertain the right to compensation.

Overall there are five functions of a programme of which the first three are Monitoring Roles and two Dynamic roles.  It is necessary to identify the intended role of the programme in the contract, in order to decide the type of programme required by the contract.  The five functions of the programme are shown below for the Monitoring Role and the Dynamic Role:

1. Monitor Role
1. Milestone Programme
2. Progress Programme
3. Prediction Programme
2. Dynamic Role
4. Management Programme
5. Compensation Programme

Each succeeding programme function in the above list requires an additional "dimension" from its predecessor in order to fulfill its role.  The first, the Milestone Programme, is a single dimension comprising only a list of dates for activities.  The most simple form is a single completion date for completion of the whole project.  The second, the Progress Programme, includes not only dates but the durations of activities.  The third, the Prediction Programme, requires Logic Links between the activities which introduces a project dimension.  The fourth, the Management Programme, requires not only Logic Links but also a mathematical dimension, a predictive model, which allows the criticality of activities and float trends to be assessed to allow management decisions to be made.  This usually requires a network analysis.  The fifth, the Compensation Programme, introduces the complicated issues of the incidence of liability, causation and measurement of compensation, which is a legal dimension.  

The different functions of the five programmes are described in the Articles Monitoring Role and Dynamic Role.  The different types of programme commonly used are examined in the Article The Types of Programme.  The obligations of the parties as to programme is dealt with in the Article Obligations as to Programme.

PRACTICE NOTE

Any contract will have a time requirement even if it is simply to complete in a reasonable time.  In construction contracts it is usual for a programme to be produced to record the sequence of work.  Programmes are an everyday tool in construction.  A distinction needs to be made between programmes required by the contract and related obligations, and programmes required to manage the project and to establish compensation.  Frequently the two types of programme required are not the same.  The status of programmes depends upon the terms of the contract.  In many contracts the programme is not given prominence in the administration of the contract.  In many projects the programme is evidence of events and actions taken, but no sophisticated network analysis is required.  If the work required is repetitive, particularly in trade subcontracts, a computer programme is not necessary either to manage the project nor to establish compensation.

The role of the programme to establish compensation should not be over-emphasised, since the entitlement is dependent upon both the legal interpretation of the extension of time clause as well as an analysis of causation which is a mixed question of fact and law.