The Employer can deduct time which he feels has not been properly spent under Clause 11.2(13). If the Consultant disagrees with this, what can he do?
Clause 11.2(13) refers to ‘total staff time appropriate to that rate properly spent on work in this contract’. The best course of action for the Consultant is to discuss this with the Employer and find out why he thinks time has not been properly spent. If the Employer later goes back on this position, interest on the amounts held back will be due to the Consultant. Adjudication should be a last resort given the costs that it involves.