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JCT: D&B Subcontact which is fixed price lump sum can works no longer required be omitted and what is the required notification?

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We have a fixed priced lump sum order to construct a road formation, however following the subsequent CBR tests the stone is no longer required as indicated on a revised drawing. However there has been no further notification from the client and they have omitted it from our payment application?

Is the Client able to do this, or is it our risk money as we had taken the risk on the ground and the works being required before works commenced on site?
asked Jan 23 in General by ben (120 points)  

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