We have a situation where the Contractor has been doing work for another project within our Project’s Working Area, they are engaged under a NEC 4 Option A.
Are there any specific clauses that we can use to issue an EWN to them regarding this.
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No, because unless you have something in Scope there isn’t anything stopping them from doing it.
This is something where I think you have to be realistic. Its unlikely that you would have objected to people who were coming to your project doing some things while in someone else’s working area, and equally unlikely that you’ll hesitate to contact the Contractor when they have moved on. As such, I think you have to expect a bit of the same yourself. If its not impacting on delivery then there is no harm. Given it’s Option A, you are still getting the things you wanted for the prices you agreed.
If it is somehow getting in the way of your project you probably should EW it and have a conversation, but recognise there is probably no CE there.
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