The client requested we carry out additional works. Everyone is in agreement this is a CE.
during the process of carryout out the additional 2 dumpers picked up punctures on their tyres. in this scenario can the repairs/replacements be claimed under defined costs.
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On the basis that you are working under the NEC4 ECC, then the answer is probably no.
Clause 81.1 states that “loss of or damage to… Equipment” is the Contractor’s liability i.e. the Contractor’s risk. There is also nothing within the Schedule of Cost Components (long or short) which would indicate that replacing tyres would form part of Defined Cost.
In other words, this sounds like the cost of doing business I am afraid!
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just to add to the note from William, if it is a risk then it may be possible to include in the quotation (which are required to include for Contractor’s risk that have a significant chance of occurring)
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