Currently working on a NEC3 TSC contract with an X19 clause which is used to complete more complex ‘task’ works. If the Client was to instruct the removal of the X19 clause what level of works would we be restricted to under the reactive heading? In fact is there a limit to the type of work that can be carried out as reactive?
The Client cannot “instruct” the removal of a contract clause. Any changes to the contract conditions can only be done by agreement of both Parties, 12.3 and 12.4 in TSC, and there is process for this (e.g. you would need a short Deed of Variation or similar to effect it, legally). Should you agree to remove X19, then you will want to rebalance the contract (and your expectations as to income and work orders) accordingly. There is no limit, it’s down the Parties to agree what works they want doing, according to how they frame the Task Orders and the services (i.e. work To Provide the Service).
I agree totally with what Sarah has said and would add …
The practical way for the Client to ‘remove’ complex task works is just not to instruct any more Task Orders. In terms of what reactive work is limited to, then you would have to look at the both the definition of the ‘services’ (in the Contract Data) and what is in the existing Service Information. If it is outside the definitions of both, then you probably don’t have to do it as you never signed a contract for those sort of services. But if it is ‘grey’, seek specific legal advice before refusing.