NEC ECS: Option A- amount due for activity not complete

NEC3 and NEC4 Contracts Compensation Events
1

In Option A Subcontract NEC3 the subcontractor is providing plant and the cost was spread equally in Activity Schedule across 10 months (original duration). Due to incident on site the Works were stopped and not re-started until the next month, therefore the piece of plant has not been used for the whole month.

Would the Subcontractor still be entitled to be paid for that Activity (stated as Plant Hire within their AS). The incident on site was a Subcontractor’s fault so is the Contractor still required to pay for that?

2

If an activity is not complete then there is no payment due against that item. They could propose to change their activity schedule but this would then have to be accepted by the Contractor before it becomes the new Activity Schedule.