We are operating under the NEC ECC3 option C contract.
Following a response to the COVID-19 pandemic the Project Manager changed the WI to include more intensive cleaning of the excavators and the general working area cabins with more regularity.
Ordinarily I would class the cleaning Equipment as either part of the charges in section 44 of the SoCC’s or the Fee. However, would the definition of Equipment in 11.2 (7) now not mean it is recoverable via section 25 of the SoCC’s?
Clauses 11.2 (13) & 20.1 have also been considered when trying to think of the answer to this question.
I am also cognisant of the phrase at the start of section 2 of the SoCC’s that removes Equipment included in the WAO. Which again is why I would ordinarily put these costs in section 44, however, the sheer quantity of cleaning Equipment now required is over and above the quantity that was taken into account at tender when calculating the WAO percentage, so i do not see how the extra cleaning Equipment can fall under this statement.