Under an Option C contract, should the Employer wish to issue a compensation event to remove scope from the Works Information but those works shall subsequently be undertaken via Employer self-delivery or via another contractor under a separate contract can this be done simply through Clause 60.1(1), which will request for a negative time and cost impact of the compensation event, or is formal termination the only viable option?
- What would be the likely response from the Contractor as the work still needs to be done but shall be done by others?
- Would the Contractor have any potential counter claim to come back with?
NB, Contractor is likely to breach the maximum 120% Contractor’s Share and be in 100% pain following this breach. The Employer is seeking to take back control of the continued failing delivery of the Contractor