Answered: NEC3 ECC: Are statutory service providers deemed as sub-contractors & does the risk for their performance lie with the main contractor?

One way or another this risk should have been clarified at tender stage as to whose risk this was. A combination of Works Information, Employers risks, Z clauses should have made this clear as to whose risk this was. If it was not made clear then you are more than likely ending up with a subjective situation if you are now on alive job.