NEC ECC: Activities in Accepted Programme that shouldn’t be

If an Accepted programme has a set of activities within it that were never in the Works Information, or priced for driving the critical path, can you re-visit this if there is a delay event affecting the same critical path?

I.e. - the programme shows 13 days worth of activities that were not in scope, can you remove this and apply it as Terminal Float, to correct the programme prior to impacting the change events?

I would like to assume you can, as long as it’s clearly spelt out in the change narrative. However, it’s part of an Accepted Programme that should not have been accepted as it did not reflect the contractors plans accurately.

You can’t change logic in an Accepted Programme to assess a compensation event. And by the way, if they had undervalued the amount in WI and they need to install twice the amount that they priced for would you pay the extra (the answer you are looking for is “of course not”)

Even if you could, the terminal float created by deleting an activity would be owned by Contractor - and any compensation event that effects planned Completion would still result in a movement in Completion Date.

NEC Practice note 1 (see download section of does now confirm that progress and other compensation events that happened before the compensation event SHOULD be taken into account, particularly where the Accepted Programme is several months old.