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Answered: NEC ECC: Whose liability are items missing on thE activity schedule under option A?

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Items on the activity schedule have to relate to items on the programme but the programme and activity schedule are separate contractual documents which serve different purposes. The programme will be submitted for acceptance at the intervals stated in the contract data (typically every four weeks or every month) but a revised activity schedule does not have to be submitted at the same time. The activity schedule only changes if the Contractor issues a revised one for acceptance, and even then only if the activity schedule no longer reflects how the Contractor plans to do the works as shown on the programme. The next programme issued for acceptance SHOULD include the works that are now recognised as not being on the activity schedule. Contractor has to provide the works as stated within the Scope (clause 20.1) and the activity schedule is not Scope (clause 55.1).

Under option A the Contractor carries the risk of items missing on the activity schedule that ARE identified within the Scope. The Contractor can therefore revise their activity schedule, but it still needs to add up to the Prices i.e. they will have to decrease the price from another item already in the schedule.

The only three reasons the Project Manager has to reject a revised activity schedule is that a)it is not in line with the programme, b) it no longer reflects the total of the Prices or c) the costs are not reasonably distributed.

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