I represent a national organisation with multiple departments (Operations; Engineering; Asset Management; Environment; Estates; etc; etc) who all have a tendency to give our contractors “guidance” on how and what they should be doing.
The organisation uses the ECSC4 form, in which the Client is invariably stated in the Contract Data to be “The Organisation”, rather than a named individual.
To my mind this means that anyone within “The Organisation” can instruct the Contractor who is then obliged to act upon said instruction.
Whilst Cl 14.5 talks about delegation of actions it is not clear to me whether, in making such a delegation, this then excludes anyone else from “The Organisation” giving instructions.
With this in mind does anyone have any advise on how contract communications can/should be controlled under ECSC?