NEC ECC: Option B: Reducing Contractor's Scope of Work - can this be done?

NEC3 and NEC4 Contracts General
1

As far as I understand, the Project Manager has full authority to change the scope of a Contractors’ work, whether it’s adding or removing work.

However, does the Project Manager have authority to remove work from the Contractor and then go out on tender for that same work?

In my case:
We are the Contractor on a Platinum Mine and shotcrete forms part of our original scope of work. The Project Manager now removed that task from us and is requesting tenders on this work.

How can we fight this?

2

This has come up before although I can’t locate the answer.

However, the answer is no because:

  • the work that they are proposing to remove is within the description of the ‘works’ AND (not ‘or’)
  • it was in the original detailed Works Information (NEC3) / Scope (NEC4).

Therefore, under contract law, you have the contract to deliver this work. This assumes the law of the contract is that of England and Wales and probably any other common wealth country.

3

For confirmation of Jon’s answer see https://www.fenwickelliott.com/research-insight/newsletters/insight/84