We have a scheme where commissioning is not being undertaken by the main Contractor who has installed the plant. Would it be feasible to appoint the supplier undertaking the commissioning on a Professional Services Contract as they are only providing people, therefore acting on a consultancy basis?
Furthermore they will be located on site daily to commission the works and I am unsure if the PSC has sufficient provisions for insurances and defects?
Yes I’d say the PSC would be suitable for this, as you say the service they are providing is consultancy work presumably provided by professional people with appropriate skills, qualifications and experience.
There are defect provisions in the PSC that require notification by either party, and correction by the consultant within a time that minimises the adverse affect on the client or others. Note this isn’t a fixed timescale and is therefore open to interpretation. The provisions also give the client the right to recover the cost of having others correct the defect if the consultant fails to do so.
The PSC requires the consultant to provide three insurances (professional indemnity, employer’s liability and public liability), with the amount of cover for each being decided by the client.