Contract is ECC option B.
The Contractor did not execute an activity in accordance with the accepted Programme. For example. Activity A is due to start 01 February and needs to be done by 15 February. The Contractor took it upon himself to change the sequence of construction for whatever reason.
This resulted in the late start of activity A which started later than the planned finish date of 15 February. The Contractor then experienced a delay which he would not have experienced should he have been on schedule. The delay has an impact on the critical path changing the Completion Date.
The start and finish dates for specific activities are not defined dates in the Contract as such the Contractor can change the sequence of activities as long as he achieves his defined dates and the Programme is the Contractor’s Programme but surely the Employer can not be held accountable for such an event occurring. Does the risk of changing the sequence of the Program (planned activities) fall on the Contractor or the Employer if and when such an event occurs?