The Programme Nobody Agreed To: Sub-Clause 8.3 and What Silence Actually Means
By Dr Samer Skaik
Ask three people on a FIDIC project what status the programme has, and you will usually get three answers.
The planner thinks it is a management tool. The contractor’s commercial manager thinks it is the baseline against which every delay claim will eventually be measured. And the Engineer, if pressed, will often say that it was never approved, which is a curious thing to say about a document the whole project has been working to for two years.
All three are partly right, and the confusion is not their fault. Sub-Clause 8.3 is one of the shortest provisions in the contract carrying one of the heaviest practical loads, and it does not answer the question everyone actually wants answered: is this thing binding? …
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