Subcontractor was issued with an order to deliver recycling works. The labour element of recycling surfacing works was let on activity schedule based on 5 shifts but subcontractor delivered works in 3 shifts.
The material element of work were lump sum price as well but that was paid in full.
The dispute: the subcontract is paid by the main contactor on only the 3 activity shifts delivered. The subcontractor is challenging this decision to be paid for the full 5 activity shifts and threatening to proceed to Adjudication.
The Main Contractor believes the subcontractor has not lost in any way at all .
Under NEC3, Can the Main Contractor refuse full payment on the grounds that 3 shifts were only delivered? Could you please advise.
The material element of work were lump sum price as well but that was paid in full.
The dispute: the subcontract is paid by the main contactor on only the 3 activity shifts delivered. The subcontractor is challenging this decision to be paid for the full 5 activity shifts and threatening to proceed to Adjudication.
The Main Contractor believes the subcontractor has not lost in any way at all .
Under NEC3, Can the Main Contractor refuse full payment on the grounds that 3 shifts were only delivered? Could you please advise.