NEC ECC: Contractor obligation to notify people who will be working within working area

Would someone mind clarifying the Contractor’s obligations in having to notify the PM of people working within the working area (i.e names, roles, commencement date etc), that they intend to claim as defined cost under Option C.

In the event that no notification has been received by the PM do those costs become disallowed and if so, under what clause?

There is no requirement in the ECC for the Contractor to notify the PM who will be working in the Working Areas. There is a requirement for the programme to show for each operation the principle Equipment and other resources however this doesn’t extend to having to identify every resource working in Working Areas. Further, failure to notify the PM would not automatically lead to the costs for those people being assessed as Disallowed Cost. The PM would have to decide that one or more of the bullet points at clause 11.2 (25) applied in order for this to happen.

This said you might need to check your Z clauses and Works Information as your client may have added something in there which requires you to provide a good old fashioned labour return or site diary.