We tendered for window replacement scheme (design/build) with local housing authority. We fortunately were successful and our tender was accepted by the Client and the contract signed (NEC short form ). The tender was based on a Project Price list (PPL) provided by the Client.
We undertook the surveys and prepared the precontract documentation incl drawings and estimates/PPL (BQs) as required.
The scheme was given regional approval but when it went to central office for approval they would not approve as they considered one of our rates was excessively high. The Client now wishes for us to omit this work (which is essential to fulfill the contract)
The rate could be considered high but this has been offset by the other rates in the PPL been reduced to allow for this
They have indicated that they may give this out to another Contractor after we complete the works and have instructed us to omit this element of works and revise the PPL - to date we have not done this
The Client is insisting we proceed with the works but we have not complied with this as we cannot agree the costs for the construction phase.
Can the Client just omit works because they believe rates are too high after the Contractors tender was accepted? Please note this work is essential to fulfil the obligations of the contract.
Can anyone advise on a way forward?