NEC ECC: The Contractor's Activity Schedule does not list out all the activities required for the work

NEC3 and NEC4 Contracts Payment
1

For example the AS states:

  • Pumping Station pumps on site. But there is no activity which states install the pumps.
  • Construct Sub-station brickwork. But there is no activity which states install doors/louvres or roof.

Can the PM state that these activities are not complete until the missing activities are also completed even though they are not stated in the AS, but are required by the WI?

2

The Contractor should revise their activity schedule to distribute these costs to other activities that they are doing. Under option A this is a lump sum fixed price contract so unless works have been omitted as a compensation event they should be redistributed.

Should there be the need for twice the number of pumps than they priced for (but were in WI) then they can not claim extra for those either.

3

It would seem that the Contractor is pricing activities that he will finish earlier than the construction operation and including the cost of other construction operations within these earlier activities. I.e. he is front loading the activity schedule.

Sometimes this is caused (in part) by the Employer limiting the number of activities that a contractor can have in their activity schedule, so they have ‘roll-up’ the cost of other operations into the activities.

If you have already signed the contract, then you are stuck with the existing activity schedule unless the Contractor chooses to / has a reason to change it under clause 54.2.