NEC 3 Option A - Possible breach of Contract

NEC3 and NEC4 Contracts
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NEC 3 (ECC) Option A (unamended contract)

Interested to hear views on this please:

The Employer decided the Contractor was at risk of falling behind the accepted Cl.32 programme, and likely to be late starting works on site. The Employer undertook some site enabling works (mainly site clearance) and after sent a PMI to descope this from the Contractors contracted works. Could this constitute a breach of contract by the Employer and trigger a CE - Cl.60.1.(18) ? No EWN or discussion was had prior to the Employer carrying out the works.

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@chriscorr @Barry_Trebes @stevencevans any views on this?

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I presume that the PMI has been issued by the Project Manager not the Employer.

Unless there are any expressed conditions, the Employer cannot unilaterally remove work form the Contract by amending the Works Information and do it itself or contract it out to another contractor. The Contractor has a contract and the (legal) right to do the work. Note this is different to removing work which is no longer required.

it would be sensible for the Contractor and Employer to discuss the situation and agree the way forward.

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