Contract: NEC3 ECSC - Option A
Issue: Late cancellation of works on site.
We have a situation where a small subcontractor was booked in to carry out a scope of civil works for 6 weeks. 1 week preparation on site and 5 weeks once access was granted to the “working area”.
The 1st week was completed no issue however the access to the work face was stopped at the end of week 1 and we had to demobilise the subcontractor to return at an unknown date.
We are trying to establish a fair quantum of payment. The subcontractor is a small operation and they have stated that they could not find other work for a number of weeks after the event - they are charging us for 3 weeks standing time after the 1st week of works i.e. 3 weeks of labour is the CE value being claimed.
This is not something which the Contract covers and I believe is more of a commercial negotiation to what is reasonable to allow re-deployment of men. The subcontractor has stated that they could have took another contract on prior to starting these works which would of occurred over the same time and is now not recovering their men from either of these works i.e. they took our work we cancelled and they could of been working for another gainfully employed.
The CE value is for 3 weeks of labour - we have asked for evidence of payment to these men and that they were not gainfully employed elsewhere and also challenged the duration that they may have been re-deployed to other work (this is more difficult for a smaller SC however). For the evidence of payment we have asked for bank statements redacted to show what we require however they have stated this is against data protection. Also they cannot prove other than word that the men were not doing other work.
Does anyone have a similar experience or advice?