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60.1(21)

Client instructs the Contractor to prepare a revised programme

Reviewed by LazyQS Editorial·Last reviewed: 2026-02-19

Plain English Explanation

This CE applies where the PM instructs the Contractor to prepare a revised programme — meaning a new programme beyond those that are required under the contract in the normal course of events. NEC contracts require programmes to be revised at specified intervals or in response to CE notifications, and the cost of those routine revisions is part of normal overhead.

However, if the PM instructs a programme revision over and above what would normally be required — for example, to support a dispute, to investigate a complex delay, or to model multiple scenarios — the cost of preparing that additional programme is recoverable as a CE.

Programme preparation and maintenance is a significant cost on complex NEC projects, and this CE protects the Contractor from being directed to carry out extensive additional programming work for free.

Key Takeaway

Track and record the time your programming team spends on every revision — if the PM instructs additional revisions beyond the routine contractual requirement, that cost is recoverable as a CE.

What This Means for Subcontractors

Subcontractors are sometimes required to submit detailed programmes as part of the main contractor's reporting obligations. If the main contractor directs you to prepare additional or revised programmes beyond what your subcontract requires, you may have an entitlement under the equivalent subcontract CE provision. Establish clearly at the outset what programme submissions are required under your subcontract.

Common Risks & Disputes

  • 1Distinguishing between routine programme revisions (which are part of the contract) and additional revisions that trigger a CE
  • 2The PM arguing the revision was a normal update rather than an additional instruction
  • 3Not recording the time spent preparing the revised programme, making it hard to claim the cost
  • 4Failing to notify a CE for the additional programming work, then absorbing the cost as overhead
  • 5Revised programmes requested verbally being treated as part of normal collaboration rather than a PM instruction

Sources

  1. NEC4 ECC Clause 60.1(21)— NEC4 ECC
  2. RICS Guidance Note: Programme Management and CE Entitlement Under NEC— RICS
  3. Society of Construction Law: Programme, Delay and Disruption in NEC Contracts— SCL

Related Clauses

60.1(1)

Client instruction to change the Scope

Scope change — often the trigger for an additional revised programme

60.1(6)

PM or Supervisor does not reply within the period required

PM late reply that delayed programme acceptance, prompting the revision

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Category Overview

Back to Compensation Events

Adjacent Clauses

60.1(20) Additional compensation events stated in Contract Data

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