Deletion of Provisional Sum ITem and giving it to another contractor

Hi Umer

As always it depends on what it says in your contract.

I am not an expert in UEA law but the general priciples regaring Provisional Sums are that the Employer can omit the work if he does not want it done.

He cannot take it away from you and give it to another contractor because you have the right to construct all the work in your contract - unless you have expressly agreed to it.

I would suggest that you protest about the ommission and if the employer inssts then make a claim for the loss of profit that you would have earned.

Also check your contract but the employer cannot reduce your work programme because of this ommission.

If you had this provisional work in your programme then change its status to "Employers Contrctors Work" and give it a bright colour.

Then monitor progress very closely and claim IMMEDIATELY there is any delay in the work interface.

Best regards

Mike T.

thanks Mike 

we now have a small dispute , on paper engineer is not accepting the decision he is favouring the contractor , while on the other hand he is helping the other contractor 

But at the end as you said we have to make claim for time and loss of profit and fight for our right

Thankyou

Umer Mehmood

Hi Umer

Good luck and don't get bullied.

Best regards

Mike Testro