A temporary works solution the Contractor has employed on my schemes has had significant issues and is ultimately being scrapped.
The temporary works are a bespoke design that they have chosen to adopt and has been designed by one sub-contractor and delivered and installed by another. The structure is also very large and has a significant amount of steel tonnage in it.
My query is whether the Client has to purchase the temporary works as it is provided by a sub-contract (as defined cost). What if they don’t want it? It has failed and cant be used again. Can they not look at hiring only for the period it was actually used? If they have to purchase they will just scrap the material to recover some costs but I am not sure as to whether they have to.
It is a defined cost as is it being provided by a sub-contractor but it doesn’t seem correct that they are left with a massive cost to breakdown and dispose of this system that the Contractor has chosen to purchase. Not sure what NEC argument I have to enforce it being hired.