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NEC ECC: Disallowed Costs for stand down at Contractor's fault

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NEC3 ECS Main Option C, with specific reference to 11.2(25)

The Contractor has disallowed the Subcontractor's costs for standing time, referencing the above clause and referring to resources and Plant & Materials not used to Provide the Works.

The stand down of 1 week resulted from the Subcontractor not procuring its resources on time.

The Contractor believes that during the 1 week stand down, all attendances should not be payable and be disallowed instead.

The Subcontractor believes the Contractor's approach is not in line with the Main Option C sharing of efficiencies and inefficiencies and that demobilising and re-mobilising attendances for the purposes of 1 week may have lost valuable resources and knowledge as a result.

What are your thoughts?

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