Construction Law/Provisional Sum
Wish you a happy day of new week and kindly have small question for you as follows:
Can Employer omit works under Provisional Sum and have direct contract with other contractors?
Clause 13.5 stated that "Each Provisional Sum shall only be used, in whole or in part, in accordance with the Engineer's instructions, and the Contract Price shall be adjusted accordingly". Is this reflect the above idea?
If not, what Employer can do when the contractor or NSC delay in carrying out works under provisional sum items?
Thanks for another question and have following to say.
As I undersand,you have asked two questions namely 1)can provisional sum(PS) be ommitted fully or partially to award this work to some other contractor? 2)what is Employer's obligation if NSC or contractor is in culpable delay?.My response is as follows.
To first question,it is 'not' as contract value includes PS and hence limitation of work award to other contractors holds good for the omitted work whether it is NSC or Contractor.The provision under clause 13.5 is not related to this and concerns with quantum of PS only in my opinion.
To second question,please note that it is contractor's resposibility according to which he has agreed to a certain program of execution as per clause 8.3 and action in default has to be taken for non compliance accordingly.
I hope this clarifies the position