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NEC ECC: Named/nominated Contractor

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The Employer has named a preferred Subcontractor with in the Works Information, for which the Contractor has engaged to provide the works, with no provision for Nominated Subcontractors with in the NEC and no Z clause that absolves the contractor of responsibility of the Named Subcontractors performance it would infer that the Named Subcontractors performance is the responsibility of the Contractor.

A Notification of an Event has been requested by the Contractor for a delay resulting from the "Named" Subcontractor not being available for the dates required as per Accepted Programme, citing CL 60.1 (19) the “force Majeure” clause, thus affecting the Planned Completion Date.

I don’t believe this clause or any other CE clause caters for such events, as the Contractor was fully aware of the nature and timing of the Named Subcontractors works and should have secured the appropriate time scales to accommodate the project, as he would have been done if the contractor had sought and secured the service as a “Domestic” Subcontractor (JCT terminology). I would appreciate any comments either confirming or refuting this interpretation.
asked Dec 6, 2017 in NEC3 and NEC4 Contracts by JD123 (360 points)  

1 Answer

+1 vote
Best answer
I'm assuming that the preferred subcontractor was identified at tender and has not been introduced as a CE (change in WI).

If that is the case the Contractor is responsible for the performance of the subcontractor including availability. It is unlikely that the circumstances would trigger a prevention CE but that would depend upon the actual circumstances especially the remaining time on the programme.
answered Dec 6, 2017 by dave bates (10,680 points)