- I’m working under NEC3 TSC Option A with Secondary Option X19. Inclusive of X19 is X19.10 [Compensation Events]. Does this supersede the main compensation event provisions within Option A or are these only in respect of the task orders? The reason I ask is that the Employer is not formally issuing instructions to the Contractor for discrete packages / projects of work (tantamount to Task Orders under the TSC) and there is no provision in X19 for the Contractor to notify the Employer of a CE. As a Contractor there is a lot of interface with the end user (as was historically the case prior to the new NEC TSC being used). The Service Manager is not administering the project in accordance with the Contract and is arguably taking advantage of our good relationship with the Employer.
- Given the heavy interface with the end user, should we be raising an early warning in the first instance and then following it up with a Clause 61.3 notice if indeed this does apply or can we jump straight into the 61.3 notice?