I requested the contractor to provide a breakdown of the series (100, 200, 300, 400, 500) as outlined in the client activity schedule documents. The contractor responded that clause 31.4 ties the programme to the activity schedule, and since Revision 2 has been accepted, the activity schedule must reflect this.
According to clause 54.3, we believe we have adhered to the contract requirements and therefore request acceptance of the activity schedule. However, it is worth noting that the contractor submitted the Activity Schedule with the series breakdown during the tender process, and Revision 0 of the Activity Schedule also included this breakdown.
Could you advise on how to formally request the contractor to provide the series breakdown in accordance with the contract and reference NEC3?
Under NEC3 ECC Main Option A, the Activity Schedule may be changed in accordance with the contract, which is essentially where the Contractor makes a change (clause 54.2) or when a compensation event is implemented (clause 65.4) as the changed Prices are in the form of changes to the Activity Schedule (clause 63.12).
There are no other stated provisions for changes to the Activity Schedule.
There is the requirement for providing information to show how each activity relates to the programme but this is a programme matter.
As a communication is ‘qualified’ as that ’ … which this contract requires … ‘, then if a communication is not expressly required’ by the contract, then it would not be valid, which would apply to an instruction that requests a breakdown of the Activity Schedule.
If the contract requires such a breakdown then you would have the right to instruct this to be provided. You would need to check the exact wording though to be certain that this applies to all versions of the Activity Schedule.