Since entering into the contract (NEC4 Option A), the scope of works within a section has been removed (CE issued) but the Contract Data still has the completion date for what was that section.
The contractor therefore cant achieve that sectional completion date as the work no longer exists.
Can the quotation for the CE revise the date given in X5 to the date of the instruction, or can this only be changed by amending the Contract Data (i.e. deed of variation etc).
Basically, the scope for that section in the tender and signed contract no longer exists so how to administer that?
Many thanks.
Neil
There is no mechanism for removing a sectional Completion, a CE can either have no delay or some delay but not actually remove it from the contract entirely. You’re right that some form of formal deed of variation / contract change is needed to tidy things up. As long as it is agreed, in writing and signed by the Parties then the contract is silent as to what form it takes. A carefully drafted exchange of letters may be sufficient but if you’re not comfortable with this then a formally signed agreement would be a safe option.
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The removal of a section by a PMI 14.3 is an invalid instruction 27.3 - only parties under 12.3 can agree to change the contract via a deed of variation or supplement agreement in writing
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If the scope in relation to that section has been ‘removed’, then Completion would have been achieved and the Project Manager should certify as such within one week of the CE being implemented. No need for any contract variation or amendment.
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Thank you all for the comments. Very helpful.