Employer issued instruction, CE was implemented. After a considerable time period had passed Contractor advised that the cannot execute the works and requested Employer remove it from their scope. Employer has done so in good faith and gave Contractor a negative CE removing the works from their scope. Alll parties have signed. Now we gave instruction to others and its going to cost us more. Do I have a recourse to "back charge" this back to Contractor seeing that we have an implemented CE already. My view is they took so long in notifying us that they left Employer with little to no room for mitigating the risk. Is there maybe a recourse in the contract? .
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