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NEC ECC: Option B Recovery of business rates

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The Contractor pays business rates on the site establishment (accommodation, stores and parking).  The land that he uses belongs to the Client who provides it free of charge.

For a compensation event that includes time effects, the PM asserts that business rates should be included in the SSCC People Overhead.  The Contractor asserts that business rates are a Defined Cost as he did not buy or rent the land consequently it is not covered by clause 41 bullet 2.

Who is correct?

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