We have an NEC Professional Services Contract on Option A Fixed (less than £100K) to do evaluation testing/studies for a further demolition contract. To enable the company to do trials we need to Purchase some ad hoc pieces of equipment for them which would mean we would need to place 6 small orders to the value of Circa £16k . It would therefore seem sensible to get the existing consultant to procure them on our behalf. My question is “would the PSC cover us to do this on a compensation event or can we amend the contract to accommodate this”?
would be good to get people thoughts on how sun aspecst of this are covered. title, physical risks, all risk insurance, delivery/access risks/delays, etc.
Interesting - if the contract is already set up as Chris points out there are ‘gaps’ and issues which will not of been considered in the original contract. It looks like some material changes to the contract are required in which case the Parties to the contract would need a supplemental agreement or deed of variation to incorporate the necessary safeguards.
If known about at the outset then these items could have been incorprated in the original agreement.