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NEC ECC: Working Areas after Completion Date

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The Shorter Schedule of Cost Components lists the following components in relation to people:

•    People who are directly employed by the Contractor and whose normal place of working is within the Working Areas
•    People who are directly employed by the Contractor and whose normal place of working is not within the Working Areas but who are working in the Working Areas
•    People who are not directly employed by the Contractor but are paid for by him while they are within the Working Areas

Do the Working Areas remain as as defined in Contract Data Part 2 up to the Defects Date?

The question relates to quotations for Compensation Events notified post take over and before the Defects Date.
asked May 15 in NEC3 and NEC4 Contracts by turleya (440 points)  

1 Answer

+1 vote
As defined, the Working Areas are necessary to Provide the Works, and are used for work in the contract, which may be both before and after Completion

As People are required to be within the Working Areas for this component of cost to be treated as Defined Cost, then that would apply both before and after Completion also.

What you can do is propose a change to the working areas by adding a further location(s) to reflect the working arrangements at a specific stage of the contract, in this instance following Completion when the works have been taken over.

Alternatively, as you are using the Shorter Schedule of Cost Components, you may also consider agreeing to use rates and lump sums if appropriate, instead of Defined Cost.
answered May 15 by Andrew W-I (19,900 points)