NEC3 Option C
11.2(25) not justified by the Contractor’s accounts and records… in order for the timesheets etc to be verified should they be signed by the contractor for timesheets from the subcontractor as just verification?
timesheets not been looked at for the first 6 months information is a one liner and there is no signature from either party (signed and dated).
I assume it would be fair to take the un-signed records as they are as evidence of man hours spent but going forward inform the subcontractor that they will require signing and dating from responsible person on both sides from now on?
Where does mileage / overnight accommodation and 'expenses lay? should this not be included within the Fee? Therefore disallowed?
The first point here is really “when is a record a record”. The answer is that anything is capable of being a record. For me the onus is on the person higher in the contractual chain (Employer to Contractor or Contractor to Subcontractor) to specify what it expects to be kept and what should be provided by accounts and records. Where nothing is specified then a reasonable record should be kept. That is obviously rather vague and not at all in keeping with the NEC as it leaves much to the imagination.
Your suggestion of taking the unsigned to date and setting out the rules going forward is pragmatic and reasonable.
The second point is around recovery of expenses. For this you need to look at People Costs in the Schedule of Cost Components. Travel and Accommodation are both part of People Cost not the fee. If you were looking under Option A the result might be different but only where you are looking at pricing compensation events.