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NEC ECC: Re. What is the procedure for dealing with proposed subcontractors?
I’ve just read the above question and response. Clause 26 is clear. In practice however, with short mobilisation times or the need to appoint a subcontractor at short notice to maintain the programme of works or even by mistake, Clause 26 is not always followed.
What is the consequence of undertaking works that are completed entirely in accordance with the WI through a subcontractor who has not been approved? I cannot see that these costs are deemed to be disallowed and that the contract appears to be silent in these instances.
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There is an obligation to issue Subcontractors for acceptance and the contract states they should not be appointed (never mind be on site!) until they have been accepted. If the PM ever realises this, they could instruct the removal of them from site until they are accepted. Any effect of this will be the Contractor's problem and not be subject to a compensation event.
If this doesn't happen, yes you are right there is not much remedy against the Contractor, although for the reasons above I would not run the risk. Can you also imagine the implications if an un-accepted Subcontractor had an accident on site??
Also make sure procurement is shown on Contractor programme so they can make sure they have time for acceptance before they need to be appointed.
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