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NEC3 ECC Option C: Does WAO apply to Agency Supplied Workers?

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A Contractor has replaced several members of their Project Management Team with Agency Supplied Workers and are applying the Working Area Percentage to these costs. With the individuals not being directly employed are they not be deemed as Subcontractors and therefore not attract Working Area Overhead?

The typical roles cover the following functions:
1.) Commercial
2.) Quality
3.) Project Controls
4.) Construction Manager

Note that all of the individuals are working within the agreed Working Areas.

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