Quantcast
Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
Viewing all articles
Browse latest Browse all 3204

Answered: NEC ECSC - omission of works

$
0
0
Firstly you need to be careful if not complying with the Client's instruction as this could place you in breach of contract at clause 14.1. If the instruction was either a change to the Scope (clause 14.2) or to stop or not start any work (clause 30.4) then it was in accordance with the contract and you have a duty to obey it.

Depending on the nature and magnitude of the instruction your rights will be affected differently. You may simply have the right to a compensation event which could allow you to effectively increase rates in the Price List to recover the indirect / preliminary costs etc that were included in the rate for omitted work. Alternatively you may have the right terminate the contract at clause 90.4 however it's not clear if the instruction would allow this. It might be possible to argue that the Client is in repudiatory breach and therefore the contract is effectively terminated, the case for this is strengthened by the fact the Client has indicated they want to get another contractor to complete the works instead of you.

Viewing all articles
Browse latest Browse all 3204

Trending Articles