If a Contractor was utilised to deliver the first phase of a single project under an NEC form of contract and then engaged to undertake the second phase of the same project under a different NEC form of contract, would the works undertaken by them in the first phase be defined as by “Others” in context of the second phase. Thanks Steve
The definition is at 11.2(12) in NEC4 ECC.
I think the answer is ‘perhaps’. If it is literally the same organisation as Contractor (i.e. same companies house number; same ‘official’ name (not trading name); same everything) then the answer is yes. If its a different subsidiary of the same parent organisation but with a different ‘official’ name, its more difficult.
But I’m wondering - why does this matter? If this contractor is trying to blame defective work on an Other (who is really them) then notify the Defect under the old Contract. They now have to fix it. If its a 60.1(5) compensation event, firstly I’d doubt it meets that clause, but if it does then consider the options at 61.2 and / or 61.4.