Under ECC option A (target contract with activity schedule), can a contractor apply to revise the activity schedule after the contract date? I am aware the contractor cannot revise the activity schedule after the contract date? I am aware the contractor cannot revise the costs for each activity, but can it apply to split large activities into smaller ones and distribute the cost of the large activity between the new smaller ones?
Answer
The simple answer is no, the contractor cannot just unilaterally decide to change large activities into smaller ones – it does no specifically say so in the contract.
The only time the contractor can change activities in the schedule (apart from as a result of compensation events) is where it changes a planned method of working at its discretion.
For example, if the contractor changes from bored piling to driven piling but does not change the activities, there might be a problem administrating the contract: as there would no longer be bored piling, it could be argued the activities could not be paid (see clause 54.2/54.3).
A re-distribution of monies because they were perhaps wrongly loaded in the first place is not permitted.
