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NEC3 ECC: Sett off costs for hired plant failures

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A sub-contract agreement was put in place to supply labour and plant to undertake the installation of support steel work. however the mechanical plant (mast climber) failed on numerous occasions causing delay and disruption to the Works.  The sequence of the programme required other trades to utilise the access equipment to complete their works

The SOCC is clear that a Defined cost is where the items have been used to Provide the Works, and in this instance when the access equipment has failed, does not meet this criteria.  how does the contract deal with the abortive costs incurred by other trades following the delay, and contra-charging these to the offending party.

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