I'm negotiating an agreement to complete the work of a terminated subcontract. The subcontract was terminated by the contractor I am negotiating with. While I am not intimately familiar with the specific proceedings, the contractor has represented to me that he 'kicked the sub off' the job for reasons of non-performance and because they had reached an impasse over the subcontractor's inability to properly assert a 'changed condition' claim (the sub wanted a huge extra but wouldn't / couldn't document the basis for the extra to the contractor's satisfaction). The contractor is under contract with local governnment and has provided various surety instruments to the govt. as a condition of his contract. From what I can tell the sub was paid about 50% of the subcontract amount and has performed about 25% of the work (no wonder contractors get bad reps, huh?). Oh, and besides being very technically challenging the job is an extremely environmentally sensitive one - lots of eyes on this one.
My questions to you are: 1.) Would you even consider taking over such a mess? 2.) If so, what contractual / liability issues would you be concerned about as you look at the potential for doing this job?
Any comments will be greatly appreciated. I'm down to the 11th hour of deliberations and will have to move forward soon.
My questions to you are: 1.) Would you even consider taking over such a mess? 2.) If so, what contractual / liability issues would you be concerned about as you look at the potential for doing this job?
Any comments will be greatly appreciated. I'm down to the 11th hour of deliberations and will have to move forward soon.