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NEC ECS: What is the definition of a Subsubcontractor under NEC3?

+1 vote
Variation works are being valued on a subsub contractor fee basis due to our operatives being self employed.
Was wondering what defines a subsub contractor, Having supplied all PPE, equipment, tools and materials I would have thought they fell under a 'Direct fee' basis.

Would appreciate help in understanding when you are considered subsub
asked Jul 5, 2018 in SOCC SSOCC by mccar002 (130 points)  
Self employed operatives / staff do not fall under the definition of a Subcontractor 11.2(17). Therefore this would not attract the subsubcontracted fee percentage.

Referring to the SSCC, the defined cost for people is (a definition of sorts);

people who are not directly employed by the Contractor but are paid by him according to the time worked while they are within the Working Areas.

So your direct fee percentage would apply to those persons, along with your plant and equipment you supply to that person.
Definition of Subcontractor can also be based on their contract with the Contractor.
Per 11.2(17) a Subcontractor is a person or organization who install parts of the works (defined term). If a person has a contract with the COntractor to install parts of the works and payment is based on output not on time they work within the Working Areas, that person is a Subcontractor. Thus Fee shall be applied to the Subcontractor's cost but not the WAP.

1 Answer

+2 votes
QS007's answer is mostly correct, labour only subcontractors are covered by item 14 of the people component in the SoCC or by the third bullet point of the people component in the SSoCC. However, before you apply the direct fee percentage you apply percentage for Working Areas overheads to people items 11, 12, 13 and 13 in the SoCC or the percentage for people overheads to people item 11 in the SSoCC.
answered Jul 5, 2018 by Neil Earnshaw Panel Member (30,340 points)