We are working under NEC3 ECC contract. The Employer and Project Manager are named in Contract Data. They work for different organisations. Soon after the contract commenced the Project Manager emailed us to tell us he was being replaced as PM by a colleague of his. We were not notified by the Employer. Several months later, the new PM emailed us to say he was being replaced as PM by a colleague. We were not notified by the Employer. Are these PM appointments valid or is the Employer in breach?
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The Employer should notify you under clause 14.4, not the new / ex-Project Manager.
Thanks Jon. If the Employer did not do so, does that mean the appointment is not valid?
Contractually the ‘new’ PM would not have any authority to act under the contract unless formally appointed by the Employer under clause 14.4 as Jon states. Send a communication to the Employer and ask them to clarify the situation.
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Contractually ‘Yes’ - you can ignore anything they write !
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