NEC3 ECC - option C - payment application
We have been informed by the Client that Agency Staff fall under the definition of Subcontractor and not People Cost -therefore accordingly the working area overhead cannot be applied .
1) Agency staff fall under the definition of Subcontractor , specifically 2nd bullet point of 11.2(17) "Provide a service necessary to Provide the Works "
2) The Contractor cannot seek payment under item14 of the SCC and in accordance with item 44 of the SCC because in accordance with item 14 , Agency Staff are not people paid by the Contractor , they are paid for by the Agency as a Subcontractor to the Contractor.
We believe this is incorrect ?