We are PM & Supervisor under an NEC3 option A contract. The Contractor is effectively carrying out a management contractor role with a particular subcontractor carrying out the majority of the works ~80%. The Contractor is considering proposing a change in this subcontractor due to poor performance. Are there any implications/considerations from the Employer’s or PM’s perspective either under NEC or the wider issue of the tender award given the % of work being carried out by the subcontractor?
I would not say there are any implications particularly that do not otherwise exist anyway. It is option A so risk in subcontractor performance (good or bad) is with Contractor - whoever the Contractor uses to Subcontract to the contract states that “if the Contractor subcontracts the work, he is responsible for Providing the Works as if he had not subcontracted”.
You have a say in who they are subcontracting to as the new subcontractor would have to be put forward for acceptance by the PM (clause 26.2). The only reason you would have to not accept them is that they would not allow the Contractor to be able to carry out the works in accordance with the Works Information.