Hi
The service manager in my NEC 4 TSC Option A has gone on holiday and decisions are required whilst they are away.
What can i do as the contractor as there are items that need to be sorted for next week and I am unsure if authority has been delegated down?
The additional work required how should I proceed? Contact the client?
Thanks in advance
Hello Victor,
I assume that in your contract, the manager is an individual, not a company? If this is the case, and he has not delegated powers, then this does cause you an issue.
I am unfamiliar with TSC, but assuming the structure replicates the ECC, there is always the option of asking the Client to replace the Service Manager (Clause 14.4 in ECC), which could then be reversed at a later date, or perhaps a specific time period given for the replacement. This is obviously a draconian measure, but if your intention is to get decisions made where the absence of such a decision may lead to the Client’s costs increasing more than necessary, you may find that this idea is appreciated.
Regards,
Shaun
Firstly you should know that if you carry out any additional work without an instruction from the Service Manager you risk not being paid for the work. I would start with an early warning about the additional work under clause 15.1 and maybe another one about the absence of the Service Manager and the issues this is causing. You should know if delegation has happened as this have been notified to you under clause 14.2. Again you risk not being paid if you follow instructions from someone who doesn’t have delegated authority.
Having taken care of the contractual side of things I’d advise contacting the Client, presumably you have the name of somebody in the Client organisation who the Service Manager reports to? I would speak to them to point out your concerns and ask for direction.
If the additional work costs more or takes longer due to the Service Manager’s absence then you should be compensated for this as the Service Manager should not have gone on holiday without leaving someone with delegated authority to act in their absence.
Thank you very much. I appreciate the reply