I am working under a PSSC to provide a number of professional services to a Client, the price list is written in a way where the Price List is re measurable IE rate, unit and measure have been filled in.
The Scope has a description of what each member of staff is to undertake.
The Client is trying to claim that there is no instruction required to tell the Consultant to reduce days within the price list, my argument is that they need to reduce the scope for this to be in order and therefore reduce this to be able to affect the Price list under a compensation event.
This will depend on what the Scope says. Assuming you have a NEC3 PSSC contract, clause 21.1 requires “The Consultant provides the Services in accordance the Scope.”
If the Scope requires the Consultant to provide the services from the start than the Client is incorrect he will need to actively instruct the consultant to stop or reduce the scope otherwise he pays as per clause 50.3 which requires lump sums to be paid once complete or if there are quantities in the price list the rate multiplied the quantity. Hence my first question. Hope this helps