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NEC ECS: calculating payment with blank contract data on termination

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The Contractor in NEC3 cancels the contract. The Subcontractor is entitled to payment to A1 and A2.

All work was fabrication off site with no extension to working area. There is NO contract data / percentages. How does one begin to quantify? Is it even still an NEC3 issue, or for normal courts?
asked Nov 13, 2018 in Contract Data by Big Al (240 points)  

1 Answer

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This is why the Contract Data needs to be filled !!!

Essentially, you now need to agree "reasonable" rates for people involved in off-Working Area manufacture and fabrication and the percentage for manufacture and fabrication. For the former, I would suggest the list for People in the full Schedule of Cost Components is a good starting point for two accountants to sit down and as dispassionately as possible work up costs.

They then do the same for your factory overheads. Otherwise the arguments could go on for months.
answered Nov 13, 2018 by Jon Broome (54,460 points)