I am a consultant currently on a target cost contract, seconded to a main contractor who is having issues with one of his sub-contractors. In assessing the sub-contractors EWNs, he has asked me to disregard the confirmation of verbal instructions indicating how long the sub-contractor has taken to carry out additional works, even though many of these have been signed by the MC site managers. He is of the view that the variation should be assessed based on how long the SC SHOULD have taken as opposed to how long he ACTUALLY took to do the work.
I am hesitant to adopt this view as I consider it has no contractual basis and - frankly - it appears unfair to go back to a SC many months after the event and challenge how long he took to carry out some work.
Firstly, do signed site records have any contractual teeth when it comes to evidence of time? Or are they just evidential to prove some work was carried out?
And secondly, does the ‘time’ assessment above carry any contractual weight.