I am currently working on an NEC3 (Option E) Contract, on behalf of the Employer, where we placed an order for our specialist contractor to carry out a 16 week programme of works on a reimbursable basis.
Four weeks into the contract, our Contractor has progressed well, but due to other works that we have to carry out (by internal resource), we may have to stand our Contractor down for 4 weeks until this work is carried out. This will be very costly.
We have asked the Contractor if they can re-deploy the resource somewhere else, but they have stated that there is nowhere for them to go, and that we must pay standing costs (if we wish to retain them when the contract re-commences).
What are the best options on a scenario like this one? Would terminating the contract be an option?