Contractor’s low willingness to Comply – The common situation that I encountered in this aspect was low capacity of the assigned persons in the Contractor’s team. At first, I asked that qualified staff be assigned to the task. Next, I arranged for meetings to discuss the required outputs/outcomes as per contractual obligation. Accordingly, the CEMP/SSEMP had to be done properly to serve as guidance for the required task and also to work out a plan for the supervision of the performance of the Contractor. At worst, there was an instance when the Contractor refused to reinstate a borrow pit, even though this was clearly stated in the EMP. In that particular dilemma, I discussed it with the Head Management of the CS Consultant citing that it would become our team’s problem if the Contractor would not comply. In this instance, I produced sufficient contractual rationale to impose disallowance to payments in the IPC and stated that the disallowed amount will be used to reinstate the borrow pit by employing other Contractors. These official correspondence were copied to the Employer, leaving the Contractor no recourse but to comply.
