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Answered: NEC3 ECC: Option C - Incomplete activities and how to assess them

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It might be a "fair and reasonable" approach, but is it what the contract says ?

The Contractor's obligation is to do the work in the Works Information, NOT the work in the activity schedule. Switch it around : if the Contractor had missed items off his activity schedule and not priced for them, would you be making a fair and reasonable assessment and adding it back into the target Prices ?

So - to quote politicians - the question you should be asking is something like "has the Contractor failed to deliver work in the Works Information ?" If "Yes", you have two options :
1) Charge the Contractor delay damages until they do the sufficient work to achieve Completion; &/or
2) Remove some or all of the work from the Works Information which would be a negative compensation event.

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