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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC ECC: Who is culpable for the programme delay where free issue plant is damaged by the Contractor when offloaded?

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I assume this is NEC4 because of the use of the word 'Client'.

The 'preferred' reference  is a red-herring as the answer is it would depend upon what is in the subcontract between the Contractor and Subcontractor for liability.

Under the main contract, as far as the Client is concerned, this is a Contractor's risk - see clause 81.1, 2nd bullet of the NEC4 ECC.

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