Under NEC3 ECC Option A, the Contractor has commenced and completed an activity earlier than shown on the accepted programme and activity schedule, and as such is seeking payment which is strictly not in accordance with the activity schedule. Should he be paid for this activity without revising the activity schedule & programme?
Yes the Contractor should be paid. They are paid upon completion of the item on the activity schedule. If this has finished early or late then they are paid. The activity schedule does not actually have a date against it. The programme shows when they were planning to do an item - but it is only an indication. If they had planned to finish it but were then late they equally could not claim for it that period.
If an Employer has budget constraints for certain periods then these should be outlined within the Works Information and be taken into account. For a two year project there may be only a certain amount of funding available within year 1. This would mean that if a Contractor has already achieved the spending limit they would not be able to claim for something until the next financial year even though it is a completed item on the activity schedule. I do repeat though - only when this restriction has been written into the Works Information at tender stage.