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NEC ECS: Take over before Completion Date and Sectional Completion

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The subcontract is NEC3 Option B. In the Part1 contract data the Contractor has stated that they are not willing to take over the subcontract works before the Completion Date. The work is to install a motorway CCTV system and has two sectional completions, 1 being to install the system, 2 being to provide people 24/7 to monitor the screens and the final part of the works is to remove the installation. The Completion Date being the end of the removal works. The Subcontractor believes that at sectional completion 1 the liability for the insurance of the whole system passes to the Contractor and relies upon the Guidance Note for clause 35.1 which states that If Option X5 is included and the Works are divided into sections, Completion of the section results in the Employer having to take over the section within two weeks of Completion. The Contractor insists that his Data Part 1 statement leaves the liability for the system with the subcontractor until Completion of the whole of the Works.
Are there any NEC clauses or case law which back up the Subcontractor's reliance on the Guidance Note?
asked Mar 4 in Risk and Insurance by Andy L (160 points)  

1 Answer

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You say "The Contractor insists that his Data Part 1 statement leaves the liability for the system with the subcontractor until Completion of the whole of the Works." To answer the question, I need to know what the statements are.

Also, are there any relevant Z clauses amendments?
answered Mar 4 by Jon Broome Panel Member (65,620 points)  
Part1 contract data the Contractor has stated that they are not willing to take over the subcontract works before the Completion Date. There are no further Z clause amendments.