I am in month 5 of an NEC4 ECC Option A conctract. The contractor has provided details of the sub-contractor they wish to appoint to design, supply and fit the precast concrete floors on the project. The client has expressed their concern at this potential appointment as they had issues with this sub-contractor on a previous project. Can the client withhold acceptance of the appointment of this sub-contractor and do they have to provide reasons?
Hello,
Yes, the Client can, but they have to do so in accordance with the contract which the NEC4 sets out under ‘Subcontracting’ which i believe is clause 26 (don’t have an un-amended to hand).
The Client should therefore provide their reasons for not accepting, if they have not accepted for a reason not in accordance with the Contract, this will become a Compensation Event.