We are currently operating as a subcontractor on NEC3 Option B. I have just started on the contract and have observed there is no shorter schedule of cost components included within contract data part 2.
The issue was notified to the contractor as an early warning. It was raised as CL17.1 inconsistency in contract docments. The response from the contractor is that this is not an ambiguity or inconsistancy so there is no obligation to clarify such. Also there is insistence that there is no requirement for SSoCC within a fairly standard and unmodified option B contract. While there are some Z clauses, there is no Z clause to remove SSoCC .
There have been significant delays relating to the contractor not providing something they are to provide and as a result the subcontractor is unfairly taking the burden of these costs. Technically there is no recognised defined cost mechanism to price any such delay caused by the contractor due to lack of SSoCC. Is the contractor correct? What can the subcontractor do in this situation? The subcontract does not allow for any other rates and or fees within contract data part 2. The concern is that there is a fundamental error in the contract and the contractor is not acknowledging the issue correctly nor dealing with it correctly. Currently all CE's have been assessed by the contractor with no defined cost mechanism, so effectively no value to fairly reimburse the subcontractor for any delay that is the contractors risk.
The issue was notified to the contractor as an early warning. It was raised as CL17.1 inconsistency in contract docments. The response from the contractor is that this is not an ambiguity or inconsistancy so there is no obligation to clarify such. Also there is insistence that there is no requirement for SSoCC within a fairly standard and unmodified option B contract. While there are some Z clauses, there is no Z clause to remove SSoCC .
There have been significant delays relating to the contractor not providing something they are to provide and as a result the subcontractor is unfairly taking the burden of these costs. Technically there is no recognised defined cost mechanism to price any such delay caused by the contractor due to lack of SSoCC. Is the contractor correct? What can the subcontractor do in this situation? The subcontract does not allow for any other rates and or fees within contract data part 2. The concern is that there is a fundamental error in the contract and the contractor is not acknowledging the issue correctly nor dealing with it correctly. Currently all CE's have been assessed by the contractor with no defined cost mechanism, so effectively no value to fairly reimburse the subcontractor for any delay that is the contractors risk.