We are working on an Option A Contract and the priced Activity Schedule provided by the client details quantities. Following commencement we have completed a section of works but not completed the full quantity detailed. The client have asked for the difference in quantity to be removed from the Activity Schedule. Can they do this as it would essentially be making the contract re-measurable?
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No they can’t, although it does depend a little on why you have not done the amount described. If the Employer instructed less work off their own back then yes this would be a compensation event and a saving, but otherwise no.
The test would be that if you have completed more than you described in the activity schedule could you claim for the extra if that is what Works Information always showed? I am pretty sure their answer would be “no” - which is why they do not get a saving in this instance.