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NEC ECC: Isn't 11.2(23) a double negative?

+2 votes
Option C, Clause 11.2(23) has never made sense to me because the word "without" turns it into a double negative, resulting in the opposite of what is meant.
I can't understand why you would not take account of amounts deducted for retention, correction of Defects after Completion, etc.
asked Jul 4, 2019 in Payment by Lance Thackray (140 points)  

1 Answer

+2 votes
I agree double negatives are always hard to get your mind around and aren't in the 'plain English' style which NEC aspires to be in.

The reason for it, though, is to avoid double deductions. E.g. the Contractor deducts retention from a Subcontractor and then has a further deduction on top from  the Employer (NEC3) or Client (NEC4)
answered Jul 4, 2019 by Jon Broome Panel Member (64,190 points)