Preventing construction disputes through correct planning programmes

‘Proper planning prevents poor performance’ – an age old saying we are all familiar with. So, why is it that so many construction projects hit site without a clearly communicated, well considered, and coordinated programme of works?

The Covid pandemic impacted the economy badly, including the property and construction markets which had a knock-on effect for contractors and the projects they were engaged upon. This led to a significant increase in construction disputes, highlighting the need for improved communication around budgets and completion dates for projects.

The contract programme is often a project’s best kept secret; however, it is rarely communicated to the supply chain and sub-contractors. Unfortunately, this dilutes the power of the construction programme and its effectiveness in both keeping the project on track and protecting all parties against claims and disputes.

Within the life span of a project there are likely to be a number of revisions issued to the construction programme:

Outline programme

This is often a high-level programme that demonstrates the critical path from concept idea, through to design, costing, procurement, and construction. Usually, an outline programme is used as a tool to assist with developing a cost plan for the scheme.

Planning and design programme

A detailed design programme with key milestones for statutory submission points including planning permission, heritage approval and utilities.

Pre-construction programme/ tender programme

Used to indicate how the project team (client, design team and main contractor) will take a scheme from tender through to completion and occupation. Usually, these programmes are detailed in the pre-construction activities and a higher level from start on site to completion. They are useful for focusing the client and design team on making decisions that are critical to the start on site date. They are often driven by lead in times for materials and trades needed for the project.

Contract programme

A detailed programme from design stage through to completion of the scheme. This demonstrates the main contractor’s planned intent for the project. Key milestones are highlighted to keep the project driving forward in a timely manner. It is critical that the development of this programme and its subsequent revisions reflect the obligations stated within the signed contract between the parties.

Milestones are likely to include:

• Contract start and completion dates
• Client decisions
• Hold points for ceiling/ floor closures
• Hold points for client direct subcontractors
• Critical dates such as power on, communications room live, etc.
• Order dates for activities that require site measurements such as glazing, manifestations and steelwork.

The contract programme should be impacted by regular progress updates and revised in line with any contract variations even if those do not impact on the handover date.

Construction programme

Derived from the contract programme, the construction or target programme is a highly detailed coordinated programme that indicates a step-by-step route from the contractor’s current position through to completion of the project. Ideally, all parties that have any input into the build, procurement, design and sign off should have full buy-in and understanding of the contract programme. Activities should be linked to other dependant activities and the programme scheduled to highlight the critical path. It’s worth noting the critical path at the onset won’t all remain the same. As the project progresses, and works are inputted into the construction programme, the critical path will alter to reflect what is key at that point in time.

The construction programme shouldn’t be a ‘nice to have’ – it is critical to the success of the project. However, it will only be as useful as its last update. Regular progress updates drive the effectiveness of the plan.

Progress programme

For a construction programme to be effective at protecting the main contractor, the supply chain and even the client, it needs regular progress updates. These updates provide an insight into the current status of the scheme and also highlight any challenges that have arisen or decisions that need making in order for the scheme to run to plan. One of the biggest causes of conflict in construction projects is progress and the lack of record keeping. Poor record keeping is costly to both the client and the main contractor.

Recovery programme

These programmes should be short term programmes linked to the main construction programme and based on the scheme’s current progress status. If used effectively, short-term programmes can be implemented quickly, reducing the impact of any delays on site. Ideally, these will be led and agreed by the supply chain/subcontractors as their buy-in is critical to the recovery plan success. It details a short-term change of sequence on site, requirements for an additional team or additional working hours etc. Without coordination, subcontractors’ recovery programmes more often than not fail.

Closeout/ snagging programme

These are short term and very detailed focus programmes. They should be monitored 2-3 times a week for effectiveness along with the master construction programme. Communication and buy-in for the subcontractors is critical for the success of closeout programmes as there’s a requirement to understand preceding and succeeding activities and trades.

Delay analysis and record keeping

Correct use of programmes, accurate reporting and good record keeping during the lifespan of the project is not only critical to project success, it also protects all parties if a dispute arises. Delay analysis uses a number of methods to assess delay, impact and causation.

These include:

• Critical path analysis
• As-built programmes using data from progress reports, site diaries and other records of delay events
• Contractual obligations relating to time and notices.

Accurate and detailed progress reporting and record keeping can greatly reduce the time, resources and ambiguity when analysing delay during a project and even post completion.

An adaptive approach for programme success

There is no right or wrong answer to developing an effective programme for a project, and one programme is unlikely to be sufficient for the full length of a scheme. The best programmes are adaptive and flexible in their approach, and regularly updated and revised to reflect the current on-site position and client needs.