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NEC ECC: what happens if an activity is missed from the Contractors programme.

+1 vote
The contract is ECC Option A with secondary Options X15 and Y(UK)2 being incorporated. The Contractor submitted his first programme for acceptance in accordance with the contract timescales but now realises he has not priced a 30m length of security fencing, nor is it shown on the programme.
a. Can the Contractor be paid for this fencing?
b. What happens to the Accepted Programme now that both the Project Manager and Contractor realise there is an error on it?
A month later the Contractor has sent out some enquiries for some subcontracting piling works, which is Contractor-designed to meet a performance specification in the Works Information provided by the Employer. The price is 30% more than he has allowed for in his tender. The Contractor is advised by one tendering Subcontractor that some alternative piling could be provided at half the quoted price and which meets the performance specification for the piling in the Works Information.
c. Can the Contractor change the piling method he has priced upon and shown in the Accepted Programme?
d. On what grounds can the Contractor submit a revision of the Activity Schedule to the Project Manager for acceptance?
asked Jul 18 in NEC3 and NEC4 Contracts by anonymous   1 4

1 Answer

+1 vote
a. Given that it is an Option A the cost of the fencing is deemed included in the total of the Prices therefore there should be no extra payment (provided it was shown in the Works Information at tender).
b. When the programme is updated under clause 32 the fencing activity should be added.
c. Yes provided that the piling fully complies with the Works Information. The contractor should resubmit his design for acceptance.
d. In accordance with clause 54.2 the Contractor can resubmit the Activity Schedule to realign to the Accepted Programme.  The resubmission should not result in a change to the total of the Prices.
answered Jul 18 by dave bates (5,350 points)