Deletion of Work

Under NEC it is my understnading that the PM cannot delete work from the contract only to tender it to another contractor after your works are complete.

if this is correct where is the text to back this up?

Thanks

Tony

Project Management Issues Discussion

Andrew Tweeddale 👤 Member for 16 years 7 months

Thu, 2011-06-30 16:05 · Permalink

Hi Tony,

I agree with Mike.

In Multiplex Construction (UK) Limited v Cleveland Bridge UK Limited and Cleveland Bridge Dorman Long Engineering Limited [2008] it was held that “A variation clause entitles the employer to omit work which he no longer requires. Absent

specific provision to that effect, a variation clause does not entitle the employer to omit work for the purpose of giving it to another contractor”. See also Abbey Developments Ltd v PP Brickwork Ltd, [2003] TCC.

I have not spent a great deal of time working with NEC 3 and don't particularly like the form of contract. However, have regard to Clause 34, 90.2 and Clause 92.1. An employer may not be able to omit the works in order to have them done by another contractor but might be able to use the suspension and termination provisions to achieve the same result.

Andrew

Mike Testro 👤 Member for 20 years 5 months

Thu, 2011-06-30 11:33 · Permalink

Hi Tony

Its not in any contract but is in common law or equity.

Look it up in Hudson's or google Atkinson Law website and use their "Knowledge Base" link.

Best regards

Mike Testro

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