NEC3 ECS: Option A termination

We have been in contract for nearly 2 years with our Contractor under NEC3 option A ECS. the project dates etc where pretty much out of date within 2 months of signing the contract to which we have advised and nothing has been done. The Contractors administration on the contract is virtually none existent and they have issued to date around 13 CE’s which in total equate to around 250% of the original contract value.

To date, we have still no contract programme nor revised access dates and the only time we manage to hear of any movement is when they send an email asking for progression on a certain area. The project has been live for around 2 years and we have only managed to complete approx 20% of the works due to having no programme or access to areas. Is there any mechanism now to terminate the contract at all?

The place to look is section 9 of the subcontract, with reasons R16, R19 and R20 POTENTIALLY being reasons.

However, I cannot stress enough that you need to be very sure of your reasons for terminating and then follow the contract precisely as, otherwise, rather than being paid for work done plus your fee percentage applied to the remainder of Price minus PWDD, you may end up having to pay the Contractor the costs of getting someone else in to complete the subcontracts works.