How do you get paid for an option A activity schedule item that you are no longer doing but is not due to a changed method of working? We had an item that is included within our price but not something that we needed to do. If we forgot an item we would not be able to claim for it as an extra so surely we still keep the benefit of overpriced or mis-priced items?
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Under option A clause 54.2, the Contractor can revise his activity schedule “if he changes a planned method of working at his discretion so that the activities on the Activity Schedule do not relate to the operations on the Accepted Programme”. That seems to fit the bill from what you say.
Clause 54.3 gives three criteria that a revised Activity Schedule has to comply with to be accepted, one of which is that the Prices stay the same.
On this topic, if a contractor has had issues with completing an activity in time due to subcontractor labour shortages. What avenues do they have if they haven’t completed the work but they want to try and claim for materials on site during the period. Would they be able to change the activity schedule under Clause 54.2 to incorporate delivery of those materials so they can get paid for materials on site? Or would this not be possible as 54.3 states that if it does not comply with the accepted programme. Could they potentially go down CE (19) unforeseen risk route or would this not be possible as this effect doesn’t change WI or any contractual prices? Thanks