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NEC ECC: Termination of NEC 4 Contract (Option A)

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In clause 92.1, is that correct the Client can either use "titled" Plant and Materials to complete the works or allow access for Contractor to remove Plant and Materials? Depends on what Client wants?

If client decides to remove the Plant and Materials, title revers back to Contractor (clause 70.2) before removal? Am I correct?

However, in reality, is it logical to terminate Contractor's obligation in case of budget cuts but to complete the works by using 'titled' Plant and Materials?
asked Feb 7 in Termination by mkd890 (320 points)  

1 Answer

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Yes the Client can used Plant and Materials if title has passed to them in accordance with the contract. Clause 70 states that title passes If the Plant and Materials are within Working Areas or are outside Working Areas but have been marked by the Supervisor.

Note that the Contractor can only remove Plant and Materials from Working Areas with the PM's permission which if forthcoming means title will pass back to the Contractor once they are removed from Working Areas.

What you make think is logical is irrelevant, it's what the contract states that is important here. Note that clause 93.1 allows you to be paid for Plant and Materials assuming you haven't recovered the cost elsewhere i.e through an amount assessed for a normal payment.
answered Feb 12 by Neil Earnshaw Panel Member (25,510 points)