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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 owns Equipment

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The contract should have made it clear what happens to Equipment that the Employer has paid for, as normally they would want to keep it if they have paid for it and it is still functional and worth money. However, in the absence of any such clarification within the contract, clause 72.1 states that the Contractor removes Equipment from the Site when it is no longer needed unless the Project Manager allows it to be left in the works. It would only give title to the Employer if the contract expressly states that - the fact they have "paid" for it makes no difference. The Employer might have "paid" for sheet piling to go into the ground - but it still remains the Contractor responsibility to remove it unless there is a written agreement that it can stay.

So without an express instruction from the PM to allow the Contractor to leave the equipment, it would be the Contractor responsibility to remove it. I suggest you inform the Contractor to remove the equipment, and if they fail to do so after a reasonable timescale state that you will remove it and be charging them the removal cost (out of retention money that hopefully you have on them).

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