The contractor under a construction contract is invariably required to carry out and complete the project by a specified date. This requirement is often accompanied by an obligation to produce a construction programme and to keep it up to date. There may be a contract administrator with powers to approve the programme.
This paper identifies matters in relation to these obligations over which the parties can be in dispute and examines the legal principles governing their resolution.
The matters include the contractor’s choice of type of programming method, consequences of the contractor’s failure to comply with its programming obligations, the contractor’s right to complete earlier than required and delay from concurrent causes.
The paper is based on review of relevant case law using legal research methods and feedback from an international workshop on the likely operation of the time management provisions in the FIDIC Contract.