We are in a contract ECC Option A and Option X15 is incorporated. We’ve got this scenario where the Contractor submitted the first programme for acceptance in line with the timescales but now realises a considerable amount of items (fencing and others) have not been priced, these items are clearly identified in the Scope but not shown on the Activity Schedule nor on the Programme.
Is the Contractor entitled to be paid for these works/items?
I would say no as the error in activity schedule is a Contractor’s risk in option A, however I cannot find any clause that states this, is there any in the contract? Does secondary clause X15 any role on this scenario? What other clauses should apply on this situation? I would say clause 20.1 which states the Contractor provides the works in accordance with the Scope? Are there any other clauses that can apply to this scenario that I am missing?
In regards to the Accepted Programme, my question is, should the Project Manager instruct the Contractor to submit the revised programme immediately (clause 32.2) or can the Contractor revise the programme at any stage (clause 32.2)? What should Parties do in this scenario in regards to the Accepted Programme once they realise there was an mistake.
Many thanks for your help,