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Sacking a contractor - Essay Example

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According to Nec Contracts and Institution of Civil Engineers (2005), premature ending of a contract impacts negatively on the progress of the project…
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Sacking a contractor
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Download file to see previous pages This essay is aimed at discussing comprehensively the stipulated procedures for undertaking dismissal of a contractor or a supplier under the following conditions, in the event that the contractor’s work is defective, where the contractors work is causing delay and in incidences where the contractor is working in a dangerous manner. Guidelines presented in this discussions will be based on the New Engineering Contract (NEC) provisions of the United Kingdom.
The termination table under the NEC contract provisions details the procedure for the termination of a contract by the employer. The table provides that the employer may dismiss a contract given that the contractor has substantially failed to comply with the written obligations of the contract. Thus, defective working by the contractor could be categorized under this clause. However, NEC provides a framework for prior correction of defective processes and activities as a measure of mitigation to prevent termination of the contract. Under the clause for tests and inspections, it is expected that upon provisions of materials and samples by both the employer and the contractor for inspection, that the supervisor and the contractor notify each other of the inspection result. The contractor should correct any occurrence of defective work and the inspection should be repeated after correction of the defects. The test and inspection clause stipulates that the contractor should correct the identified defects within the defect correction period. Subsequently, the supervisor should issue a defect certificate latest on the defects date and towards the end of defect correction period. These provisions should prevent the onset of contract termination process due to substandard work by the contractor.
If the contractor’s work is still defective, the employer may dismiss the contractor. However, the ...Download file to see next pagesRead More
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