As Contractor on an NEC3 ECS Option B contract, one of the attendances we provide is ‘setting out’ on behalf of the subcontractor. ‘Setting out’ is not defined further than that. The works are formwork and reinforced concrete works.
Does this change the subcontractors requirement to comply with 20.1? Could it be inferred from that clause that the risk of an error in setting out still lies with the subcontractor, as if the wall is at the wrong level, for example, they have not provided the works in accordance with the WI.
There is no risk relating to setting out that is stated in the subcontract as a Contractors Risk (as per 60.1 (14)) and I cannot see what other event it may be notified under?
It doesn’t help that there is no definition of what ‘setting out’ means in your contract, but I would suggest that it refers to providing a marked reference of the design on Site to facilitate the actual construction. For a reinforced concrete wall I wouldn’t expect you to set out the positional locations of every item of steel rebar, for instance, but to provide reference points which enable the wall to be constructed in the correct place, as per the latest version of the design drawing.
The subcontractor’s obligation under clause 20.1 does not change and I would suggest that the subcontractor is obliged to co-operate by agreeing the setting out points with you to ensure that they can fulfil this obligation.