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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC ECS: Can the Contractor recover costs from the Subcontractor?

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My understanding of the law is that unless a remedy is stated in the conditions of contract for a breach - which in this case would be working outside the Site working hours (but as you are effectively agreeing to it, by conduct you are altering the Works Information/Scope) - then you are not allowed to deduct your costs.

So unless you come to a commercial agreement outside of the contract as written for the Subcontractor to make a contribution to your supervision costs in order to avoid the higher amounts for missing a stated Key Date, you cannot deduct monies.

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