NEC Option A - Client has omitted a section of works. Can we claim as lump sum even though it is omitted?

NEC3 and NEC4 Contracts
1

Hi,

we are currently on and NEC option A contract. The Client provided an activity schedule with quantities as part of the contract documents.
eg. “90m2 of tiling to hall.”
The client has now said this is not required. As option A is contractors risk with the activity schedule can we still claim for the 90m2?

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2

Salmo, the if the Client wishes to omit part of the Scope, the PM should instruct the change (omission) which is a (negative) CE and you will have to provide a quotation - it will not necessarily comprise the sum shown in the Activity Schedule, as there could be abortive costs, prelims etc.

If the above is not done, in theory, you are ultimately entitled to the total of the Prices (your fixed price). The Activity Schedule is merely a payment schedule, not Scope (see cl. 55.1, assuming NEC4). Mind you though that in this scenario you would have to correct and submit the revised Activity Schedule to the Project Manager for acceptance (clause 55.3).

Practically, I doubt that you will ever reach that stage; eventually the Client and the PM will realise what they have to do and instruct the change.

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