Misalingment of activity schedule and works information

I wanted assistance on a matter we have on our project under NEC3 option A. The activity schedule prepared does not have a line item for detailed designs but it is noted in the works information that the design must be done. We are now in dispute because they need to be paid for the works. But we are arguing that if something is in the works information it should have been built up into the activity schedule and the contractor should have sought out clarity prior to providing an offer.

There is a question and answer which might be relevant to this which I’ve linked below.

My answer is from an NEC3 standpoint, as you’ve not stated this i’m assuming it is. Your position is correct. If the works are described in the Works Information, then the risk for not including the missing scope within the Prices lies with the Contractor.

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