When is a delay not a delay

We started a contract in August 20, it’s an NEC short contract. It was due to complete in November 20.

Due to a collapse of an area of land, there has been a delay. At present we have provided numerous quotations to the client / PM based on their remedial designs and as yet they have not decided on a way forward. At present we are now almost 6 months past the completion date. We have no presence on site and policing the site security is becoming almost impossible as locals are taking the fencing down and just walking through the site for short cuts, and as we are not there working, it’s impossible to police security and ultimately health and safety.

What would our best action be here? And when is a delay a delay, and when is a 6 month delay on a 14 week contract no longer considered a delay? Is there a reasonable time frame for us to have to wait? Should we be charging for full time security as a CE? And have we any other options to force the client to actually make a decision ?

Have you been instructed to stop/not start work under clause 30.4 and if so has the PM notified a CE under 60.1(4). If you have then you should be including all your additional Defined Cost in the quotation. If you have not received a notification then you need to raise the notification and I would suggest you do it straight away.

You could also consider the provisions of clause 90.4 which allow for the Contractor to terminate where an instruction has not be given to start/restart work within 8 weeks of being instructed to stop/not start. Obviously what you chose to do will depend on your relationships but discussing the potential may kick start some action.

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