I wish to terminate with my main Contractor but complete the works using their current subcontractor and the subcontractors Equipment. Is this possible under NEC3.
If you terminate the contract for reason P2 then you can instruct the Contractor to leave the Site and assign the benefit of any subcontract or other contract related to performance of this contract to the Employer. The guidance notes elaborate by stating that the “Employer’s right to enforce assignment of the benefits of a subcontract will be subject to the terms of the subcontract. In certain cases, a new contract (novation) may be necessary.”
One to go through with your lawyer as to the mechanics of how to do this.