FIDIC reference
Sub-Clause 8.3 — Programme
A detailed works programme: submitted within 28 days, with logic links, the critical path and regular revisions.
Applies in: Red BookYellow BookSilver Book
The 2017 edition turned the programme into a real engineering document: the initial programme is submitted within 28 days of the Commencement Date and must show sequence, logic links, the critical path, review periods and resources, prepared in agreed software. It must be revised whenever it stops reflecting actual progress. The practical weight is huge: without a proper programme an EOT under 8.5 is nearly impossible to substantiate — delay analysis is built on it.
Key points
- Initial programme — within 28 days of the Commencement Date.
- Logic links and the critical path are mandatory (2017).
- Revised whenever inconsistent with actual progress.
- The basis of delay analysis and any EOT claim.
How this works in practice
The programme is not a reporting document but the primary evidential tool in claims. If it does not meet the contract requirements on content, logic and level of detail, the Engineer may decline to accept it and the Contractor is left with no baseline for delay analysis. The classic mistake is submitting once at the start and never updating: a year on, the actual sequence bears no relation to the baseline and any analysis becomes vulnerable. The practical minimum is an accepted baseline, regular updates in the agreed format, and every version retained with its date.
Common traps
- The programme is submitted with no logic links and no resources — formally a document exists, but it is useless for delay analysis.
- Updates are not archived: reconstructing the position as at the date of an event a year later becomes impossible.
- Particular Conditions require approval of the programme rather than mere absence of objection — without approval, claims hang.
Versions: 1999 → 2017 → 2022
- 1999
Sub-Clause 8.3 required a programme, but with less prescribed content.
- 2017
Content, format (software) and revision rules were substantially detailed.
- 2022
No substantive change in the 2022 reprint.
Clause FAQ
Which FIDIC books use Sub-Clause 8.3?
The clause applies in Red Book, Yellow Book, Silver Book. Particular Conditions may change the standard risk allocation, so always check the project contract.
What does it mean if the Engineer does not respond to a submitted programme?
Under the base FIDIC structure, no objection within the stated period normally means the programme stands, but the precise wording is in the contract and must be read. The practical step is, on silence, to write recording the position: the programme was submitted on such a date, no objection was received in time, the programme is treated as current. That letter later removes any argument about which version applied.
Must the Contractor show float in the programme?
Disclosure requirements are set by the contract, but the more important question is who owns the float. FIDIC usually does not resolve this expressly, so Particular Conditions often provide that float belongs to the project rather than the Contractor. The practical consequence is that the Employer can absorb the float with its own delays without consequence — worth understanding before tender, not at the first claim.
Related clauses
Need a review of a specific contract?
Particular Conditions can change this clause. Send the document — we will check the wording and risks.
Reference material, not legal advice. Always check your contract and the Particular Conditions.