Question: The Contractor has been appointed on an ECC Option C contract, where the works are design by the Employer. The Project Manager instructs the Contractor
The Contractor has been appointed on an ECC Option C contract, where the works are design by the Employer. The Project Manager instructs the Contractor to stop work on a part of the works because the Employer's designer is considering the implications of a design change. All are keen to avoid any abortive costs if at all possible. After due consideration, some 2 weeks later, the potential design change is abandoned and the Project Manager immediately instructs the Contractor to proceed with the original design layout, aware there may be a delay and additional costs. a. Should the Contractor stop work on the part of the works and what should the Contractor do in order to protect its interests under the contract? Under the NEC3 ECC Option C contract, the Contractor should stop work on the part of the works as instructed by the Project Manager. The contract provides for the Project Manager to give instructions, and the Contractor is obliged to comply with these instructions. To protect its interests under the contract, the Contractor should: 1. Record the instruction: The Contractor should ensure that the instruction from the Project Manager is recorded in writing. This will serve as evidence
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