NEC ECC: Contractor failing to provide as detailed in the WI

Involved in a NEC3 Option C contract.

Where the Works Information details provision being made by the Contractor e.g. a permanent site compound being provided from a certain date post the starting date, and the Contractor fails to deliver on this provision, how should the PM take account of this in terms of a change (reduction) to the total of the Prices. Is Clause 25.2 the legitimate route to proceed upon.

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If you’re going to use clause 25.2 you need to be able to demonstrate what cost the Employer has incurred as a result of the Contractor not providing the site compound on time. For example if the compound was to have facilities in it for use by the PM, Supervisor or Employer and as a result the Employer has provided the facilities on the Contractor’s behalf then these costs could be assessed by the PM and the Contractor pay the via a deduction from the next amount due.

I’d attempted to give what I thought was a representative example. Actually I’m now thinking that it wasn’t that good an example! The actual provision in question is a physical system (not just a process followed on paper), that is required to be purchased by the Contractor, in order to confirm the on going impacts of the construction of the works - gauging these impacts is an aspect of importance to the Employer. So the system was to be in place by a certain point but has not been delivered. The Employer could arrange to have an equivalent system introduced via a party external to the Contractor, but they are understandably reluctant to do so, preferring to get the Contractor to deliver on the WI. What contractual means do we have to account for the non-provision. Could its absence be treated as a defect?