In an NEC Option A contract I have an issue where I am not being paid for activities that are not complete even though these activities do not form part of the Works Information and as such not part of the scope of works. They are effectively erroneous activities. There is an argument that as these activities are without defect and do not delay following works then they could be defined as complete but this argument has not been accepted.
I understand the activity schedule could also be revised as it no longer matches the planned method of works or the programme. However when this is done i.e. the activity is removed, where should the money associated with this task go? Should it be added to any other activity by choice or should a new activity be created and the money assigned to this? Overall there will be no increase to the prices I am just trying to release 100% of the lump sum price.