Scenario 3
The contract for the project was the latest version of the New Engineering Contract (NEC4), Option A. This contract was executed as a deed between MVP and Blake Ltd on 10th May 2017.
The Architect (Geoff James, Carrington’s) who carried out the design was appointed by the Employer MVP, to act as the Project Manager. Blake Ltd remained as the appointed contractor. The contract start date is 1st June 2017. On the 1st June 2017 Matter Contractors were still clearing the site and Blake Ltd was unable to take possession of the site until 15th June 2017.
Advise MVP and Blake Ltd of their respective contractual rights, duties, liabilities and obligations to each other in respect of this matter. What contractual provisions might deal with this set of circumstances? What would you advise the parties to do to ensure that the contract is completed to time and budget whilst maintaining a spirit of mutual trust and co-operation?