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Answered: NEC ECC: Covid-19, would X2 be a valid reason to notify and be able to claim cost as a CE?

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It seems like your question relates to a Term Service Contract, which does not include the 'prevention' clauses found in the ECC form, except in relation to a Task Order at X19.10 (6) (NEC3).

If secondary option X2 has been included then you could notify a compensation event, most likely in relation to;

Coronavirus Act 2020, and
The Health Protection (Coronavius, Restrictions) (England) Regulations 2020 (as amended)

These impose restrictions on movement and gatherings and for people who are potentially infectious to isolate for a period of time.

The 'social distancing' requirement is not a mandated legal requirement, although should be considered to comply with Health & Safety law, unlike in Wales where Regulations provide that a 'distance of 2m is maintained between persons'.

There are other possible compensation events under the TSC form, at core clause 6, which may relate to this situation, although would require some form of breach by the Employer or a direct instruction from the Service Manager.

It would also depend on what main option you have, as under Option E the commercial risk would be with the Employer, under Option C it would be shared, although this is not the case under Option A

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