NEC ECC: Contractor poor performance

If a Contractor is performing poorly on a contract, is there a particular clause that a PM should utilise to advise them of this? The matters which are leading to concern aren’t permanent works related as such, so notification of a defect isn’t appropriate. The poor performance relates more specifically to not addressing measures to protect the environment. We’d considered early warnings yet given that the poor performance is already manifest, the idea of early warning of a risk that has already happened seemed questionable.

I think an early warning would be a very good idea - mainly to make sure that this does not continue to happen in the future and decide what can be done to avoid it from being a problem going forward.

You could instruct them to do/act in a certain way, which sounds likely would be a clarification as to what is already in the Works Information/Scope so therefore such an instruction would not give rise to a compensation event.

NEC4 now adds that if the Contractor is not acting in line with their own quality plan then they can be instructed to do so - which again would not be a compensation event.

Bottom line is don’t overthink it. Communicate in the most relevant way what the issue is and get them round the table to make sure it does not continue.