An Employer has terminated for convenience 70% of the way through the project and has issued a final account which has been rejected by the Contractor.
It has subsequently been found during survey works before looking to re-award the scheme that
- Materials installed that are not fit for purpose for the works
- Shortfall in materials stated as purchased but when audited not being present
- Lack of As-Built records
I would normally view these as a defect requiring correction but as the scheme has been officially terminated what recourse do I have? Could I invoke some pull on the material warranties under clause 29C/D/E. I have assumed that Clause 45.1 is unenforceable due to the termination although would happily be proved wrong as surely termination does not entitle the Contractor to walk away from the accrued responsibilities?
As this was an option C could I adjust the EV for the materials purchase activities therefore adjusting the prices?
Additionally as the final account is potentially in dispute could this be included within any submission to an adjudicator therefore altering the disputed final account?