ECC NEC3 Option A contract. Completion and take over has occurred and we are one month from Defects Date. Currently in dispute with C over some surfacing works. WI fairly vague and aside from some plans requires the C to comply with British Standards.
During the dispute it’s come to light that the accepted S/C (who is sector scheme approved and lays in accordance with BS) was not awarded the binder and surface courses but the ground worker was. This S/C was never formally accepted. Would you recommend that a Defect notification is issued for the appointment of a S/C that has not been accepted? I appreciate that I can not change something which has already happened. This would provide a mechanism for the E to be reimbursed as consideration for such breach and the additional fees he is incurring to remedy the issues.
The unaccepted S/C has since confirmed on email that that are not working to BS. This has led me to investigate and it seems that we were never provided with a copy of their conditions of contract to cover the extended scope i.e. surfacing, only the groundworks. I have since requested their conditions a part of a post mortem but the C is refusing despite me reminding him that is a breach of contract. What powers does the E have to address such breaches? Defect notification?
In the event that base courses are 100 thick as opposed to 125 thick, but should still work, should the C be reverse engineering with his consultants and proposing a change to the WI with some financial benefit?
We are now apprehensive given he wishes to use the unaccepted S/C to correct the Defects. This could potentially result in a further Defects. He is financially so deep in bed with the 'wrong' S/C that he is unlikely to take heed.
During the dispute it’s come to light that the accepted S/C (who is sector scheme approved and lays in accordance with BS) was not awarded the binder and surface courses but the ground worker was. This S/C was never formally accepted. Would you recommend that a Defect notification is issued for the appointment of a S/C that has not been accepted? I appreciate that I can not change something which has already happened. This would provide a mechanism for the E to be reimbursed as consideration for such breach and the additional fees he is incurring to remedy the issues.
The unaccepted S/C has since confirmed on email that that are not working to BS. This has led me to investigate and it seems that we were never provided with a copy of their conditions of contract to cover the extended scope i.e. surfacing, only the groundworks. I have since requested their conditions a part of a post mortem but the C is refusing despite me reminding him that is a breach of contract. What powers does the E have to address such breaches? Defect notification?
In the event that base courses are 100 thick as opposed to 125 thick, but should still work, should the C be reverse engineering with his consultants and proposing a change to the WI with some financial benefit?
We are now apprehensive given he wishes to use the unaccepted S/C to correct the Defects. This could potentially result in a further Defects. He is financially so deep in bed with the 'wrong' S/C that he is unlikely to take heed.