I have a contract which, at present has a few defects. Some, not all I feel, are as a result of the Contractor method of work.
The Contract is Option C, I am looking at cl11.2(25) which states that a disallowed cost could be for “correcting a Defect caused by the Contractor not complying with a constraint on how he is to Provide the Works stated in the Works Information”.
One of the Defects is, in my opinion, clear cut. Despite being identified in the WI and recieving an EW and PMI they have failed to mitigate an issue which could have been easily avoided (mitigation measure was agreed in EW months in advance of incident).
However, another is as a result of the Contractor not adhering to their own method statement. The specific method statement wasn’t required in the WI, nevertheless I feel that as they didn’t follow their own proposal and ended up damaging units it should be disallowed. Guidance notes on cl11.2(25) states …“by the Contractor not complying with a constraint on how he is to do the works, for example a prescribed method of working or a constraint on timing of work”. Would not following their own method statement fall in this criteria?