NEC3 Option C - Tender Workload v actual

A subcontractor is performing service works on a 4 year Option C framework contract. The contract has no guarantee of work. The tender included historical data which suggest 1000 jobs per month however in reality this is closer to 1500 jobs per month.

It is having a significant impact on the subcontractor and really stretching their resources and ability to fulfil the contract.

As the increase is significant and could not have been foreseen do they have any scope to make a claim? As they have no viable options to terminate under the contract and are expected to continue to meet the workload which is having a detrimental affect on the company.

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To answer your question would need a detailed analysis of the contract - it sounds like you’re talking about an NEC3 Term Service Contract but regardless as to which NEC3 it is it sounds like it has been amended to work for something it wasn’t envisaged to be used for.