I have an NEC3 Option A Sub Contract, The Sub Contract Data part 2 states “The tendered total of the Prices is £762,825.43” (wrong total) against the Activity Schedule which shows the correct quoted rates per activity, Totals £88,262.46
Do the rates on the activity schedule take priorirty or can i wait until the end of the contract & make one application for payment for the £762,825.43 ?
Sorry Anthony, all the references in the contract refer to the Prices and sums in the Activity Schedule. The only reference in the contract to the tendered total of the Prices is the one you cite.
Thereby by my reckoning, it is the sums in the activity schedule which count.
Just to add to Jon’s answer, the contract doesn’t operate like a JCT contract with a “Contract Sum” that is adjusted up and down as a result of variations, claims and provisional sum expenditure etc, there is therefore no entitlement to be paid the tendered total of the Prices.