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NEC ECS: Can transport be claimed for in a CE?
NEC3 Option B:
The subcontractor has applied (supplementary charges) for transport provided by the subcontractor for operatives to, from, in and around the site at the appropriate Scheduled rates (CECA) within Compensation Events.
(The Contractor disputes this and has withheld payments applied for)
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Under the Shorter Schedule of Cost Components both People and Equipment (transport) are applicable costs when they are within the Working Areas, so this would be the first question to consider.
You would also need to consider the access and movement arrangements within the Working Areas to decide whether this is appropriate. Some Sites cover a large distance with imposed restrictions on movement, possibly for security or safety reasons. For instance the car park may be at a main entrance point with people moved in and out of the Site by minibus. The welfare facilities may also be some distance from the actual working areas, requiring some form of transportation to and from.
Is this a reasonable cost incurred in order to Provide the Subcontract Works? Is this how the Subcontractor is providing the Subcontract scope? (non CE works). If the answer is 'yes' then it should be included.
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