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The construction program is generally a requirement of the contract but should not form part of the contract documentation. Contract documentation describes the desired project outcome and captures the responsibilities and expected results to be achieved. A program, on the other hand, is a flexible tool, changing to meet challenges and circumstances. It describes the process by which the outcome is to be achieved.
A program provided by the contractor is an essential part of project planning and monitoring. In order to demonstrate this capability, the program is a useful tool when presented at the time of tender submission, particularly where staged completions are required. Therefore, it may be imperative that a construction program be submitted for scrutiny at that time. It may also be a requirement of the contract that the program is regularly updated to reflect actual progress.
It is the responsibility of the contractor to define the activities and schedule the execution and progress of the works in order to achieve the desired outcome. Architects should be careful not to endorse these documents or affirm the accuracy of their contents.
The program, if included as a contract document, would become a way to measure against which claims for extensions of time could be made. Since the program is a management tool, it is often in a state of flux as circumstances change. As a contract document, each update would require all parties to the contract to accept and endorse the new program as a variation to the terms of the original contract. The risk of dispute is high if an updated program were to be unacceptable to one of the parties.
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