Reference no: EM133525553

Question

A client is using ECC Option A with secondary Option X15 for the construction of a new asset. The Contractor submitted the first programme for acceptance in accordance with the contract timescales but now realises a 30m length of security fencing has not been priced, isn't shown on the Activity Schedule, nor is it shown on the programme. The fencing is clearly identified in the Works Information. Please answer the questions with specific reference to the applicable clauses in the NEC3 contact.

1. Can the Contractor be paid for this fencing?

2. How would your answer to part a. differ if it was an Option C contract?

3. What happens to the Accepted Programme now that both the Project Manager and Contractor realise there is an error on it?

A month later the Contractor sends out some enquiries to a number of SubContractors to design and install some piling to meet a performance specification in the Works Information provided by the Employer. The prices obtained are 30% more than the Contractor allowed for in the Prices. The Contractor is advised by one tendering SubContractor that, by using an alternative piling method that meets the performance specification, a 50% saving against its quoted price can be achieved.

4. Can the Contractor change the piling method that the pricing was based upon and shown in the Accepted Programme?

5. On what grounds can the Contractor submit a revised Activity Schedule to the Project Manager for acceptance?