Our Client pre-tendered some specialist works (with design liability), obtained a price with the intention of employing them direct during the main project (ICD). The Client then requested these works be included with the main contract. The obligation on the contractor to employ the specialist on the basis of an ICSub/NAM agreement was made clear in the tender documents, however the process was not properly executed as the ICSub/IT was not completed or issued as the works had already been procured by the client and the price obtained. Can the main contractor merely complete only the ICSub/NAM/A and NAM/C and strike through the NAM/IT and NAM/T on the basis that it wasn’t needed?
Yes, references to NAM/IT and NAM/T can be removed from the NAM/A and NAM/C as long as the parties are careful to ensure that all references are removed and replaced with more appropriate drafting where necessary.