Employer as part of the Works Information stated that the Contractor had to provide the Employer with office space on site from a certain date with desks, IT etc. It was never identified as a Key Date, just a requirement in the Works Information to do so. The Contractor was late in providing the office space for the Employers team by some four weeks. The Employer had to use very expensive temporary accommodation for their team, but did not tell the Contractor that is what they did until after the event. Had the Employer told them they were going to have to go into this expensive accommodation, the Contractor says they could have made space in their head office for them at considerably less cost. Neither party notified an early warning about not providing the offices in the first place, and then the cost of the temporary offices the Employer went ahead with instead.
Couple of things that should have happened with hindsight – but given that they didn’t, where does the Project Manager now stand? The Employer has incurred this cost, but are they entitled to claim it against the Contractor, and more importantly which specific contract clause/s (following this very specific sequence of events) allows them to recover that cost against them?