1. Introduction

2. Time Obligations in FIDIC, NEC, and EPC

FIDIC Clause 8.3 – The Programme

Under FIDIC (Conditions of Contract for Construction), Clause 8.3 requires contractors to provide a detailed time programme. This programme must:

• Show logical links between activities.
• Reflect the critical path.
• Be regularly updated to reflect actual progress.
• Be submitted to the Engineer for approval.

Failure to comply can lead to rejection of claims, disputes, or withholding of payments.

NEC Contracts – Early Warnings & Accepted Programmes

NEC emphasizes collaboration and transparency. The contractor must submit an Accepted Programme, which becomes the reference point for:

• Measuring progress.
• Assessing compensation events.
• Establishing entitlement to time extensions.

The NEC model makes the schedule central to contract administration, not just project execution.

EPC Agreements – Time Is Money

In EPC (Engineering, Procurement, Construction) contracts, the contractor carries full responsibility for time, cost, and performance. The baseline schedule becomes the foundation for:

• Triggering milestone payments.
• Applying delay LDs.
• Managing interfaces with multiple subcontractors.

In practice, a poorly developed or unmanaged schedule can expose contractors to millions in penalties.

3. Why Schedules Are Legal Documents

A schedule is not just a Gantt chart. When embedded in a contract framework, it becomes:

1. Evidence of Intent – It shows how the contractor planned to meet deadlines.
2. Evidence of Performance – It reflects actual progress vs. obligations.
3. Evidence in Disputes – Courts and arbitral tribunals often use the latest approved programme as the benchmark for delay analysis.

In delay claims or extension of time (EOT) disputes, the quality of your schedule can decide the outcome.

4. Best Practices for a Contractually Robust Schedule

Planning & Scheduling

• Develop logic-driven schedules (no excessive constraints).
• Align WBS with contractual deliverables.
• Perform DCMA 14-Point checks to ensure quality.

Updates & Revisions

• Regularly update progress (monthly or contractual frequency).
• Maintain contemporaneous records (daily reports, progress logs).
• Justify changes transparently (scope vs. delay vs. acceleration).

Risk Integration

• Use schedule risk analysis (SRA) to quantify time uncertainty.
• Add buffers/float strategically to protect critical milestones.
• Record early warning notices (especially under NEC).

Dispute Readiness

• Keep forensic-ready records (XER files, as-built schedules).
• Document employer-caused delays separately from contractor delays.
• Ensure clarity of baseline vs. updates to avoid disputes over “moving targets.”

5. The Consequences of Neglect

When schedules are not treated as legal instruments, organizations face:

• Rejected claims due to lack of evidence.
• Penalties & LDs for late completion.
• Cash-flow disruption when milestone payments are withheld.
• Weakened negotiation power in disputes.

6. Conclusion

In today’s project landscape, schedules are not just planning tools—they are legal documents.

By aligning with contractual clauses (FIDIC, NEC, EPC) and applying robust project controls (quality checks, updates, risk integration), organizations can:

• Protect themselves from disputes.
• Secure rightful extensions of time.
• Build trust with clients and partners.
• Deliver projects with predictability and confidence.

At ALVID Consulting, we support clients in building contractually robust schedules—bridging the gap between project management and contract law.