SCENARIO

A new school is being constructed using the NEC$4$ Engineering and Construction Contract Option A with secondary Options X$7,$ X$8,$ X$16$ and X$21.$ No programme is identified in the Contract Data and the period after the Contract Date within which the Contractor submits a first programme for acceptance is three weeks. The interval for submitting revised programmes and the assessment interval are both a calendar month. The starting date is $01$ March. The period for reply is one week.

QUESTION

The Project Manager is preparing the first payment certificate. The Contractor has submitted the first programme showing the information which the contract requires the day before the assessment date. When assessing the amount due, the Project Manager retains one quarter of the Price for Work Done to Date. Is the Project Manager right to make this deduction?

Select ONE option.

Yes, because the Project Manager has not accepted the first programme before the assessment date.

Yes, because the Contractor did not submit the first programme to the Project Manager for acceptance within three weeks of the Contract Date.

Yes, providing the Project Manager issues the payment certificate within one week of the assessment date.

No$,$ because only the Client can deduct amounts from the Project Manager's assessment

No$,$ because the submitted programme shows the information which the contract requires