Officer Decisions (archive)

The termination of R&W Civil Engineering Ltd from the Minor Frameworks Contract, and the termination of five current schemes.

Approved. Terminate the Framework Contract under amended Clause 90.1

Approved. Terminate 5 work orders under Clause 90.1, in accordance with Secondary Clause X11.2

The contractor has 3 live works orders and 2 recently closed. Two of those live schemes, Queen Street, Exeter and Beesons Flood scheme were abandoned by R&W staff part of the way through the works. The main concern is the reputational damage and impact on the public of the works in Queen Street, Exeter, and the safety of the Beesons excavations. It is considered that the most desirable option is to terminate the current contract with R&W, reissue the works orders and mobilise immediately another Framework contractor.

Consideration has been given to novating the contract and works orders to Octavius who have purchased R&W and transferring their staff. However, Octavius is an unknown entity and therefore the time to carry out due diligence and novation will bring further harm to the Councils reputation.

Consideration has also been given to the liabilities that this termination would have on DCC. The costs to terminate the live schemes is minimal, and the defects liability on all works would pass to DCC. Since Octavius have not been clear as to what liabilities they will take on from R&W, then any defect liability would automatically pass to DCC should R&W cease to trade.

None.