Under an ECC Option A, the Contractor submitted the first programme for acceptance in accordance with the contract timescales but now realises a 30m length of security fencing has not been priced, isn’t shown on the Activity Schedule, nor is it shown on the programme. The fencing is clearly identified in the Works Information.
Can the Contractor be paid for this fencing?
No - errors in activity schedule are Contractor risk in option A. The item is in the Works Information so there is no way this can be a compensation event (but they have to do the fencing as per clause 20.1 where Contractor provides works in accordance with the Works Information.)
Can the Contractor be paid under an Option C contract for an item has not been included on the Activity Schedule?
Of course - under option C the Contractor is paid the actual Defined Cost they have incurred. If they have to do something that is not on their activity schedule but in the Works Information/Scope, they still have to do it and will get paid. However, that cost would not have been part of their target at tender stage, so will eat into any gainshare they will otherwise get (or increase painshare if they are already forecasting being over target). The only thing that can change the Prices would be an implemented compensation event.
Unless it is something that falls foul of the definition of a Disallowed Cost, the Contractor is able to recover costs of everything they have incurred under option C.