Is overtime payable under ECC Option C?
Overtime is payable under the full Schedule of Cost Components for both those people working inside the working areas and also designers outside the working area, however payment of define costs is subject to meeting a handful of tests. For example defined costs (including overtime) can generally be adjusted for a number of valid reasons such as disallowed costs (11.2(25), excluded items (11.2(23), currency adjustment (50.6), lack of records (52.2), inflation (X1), duplication/uncompetitive rates/rebates/discounts (52.1), failing to act promptly and competently (63.7), failure to raise EWNs (63.5), z clauses covering set off and abatement, costs not being incurred in providing the works (SOCC), etc.
The posistion is slightly different if the parties have chosen to use the shorter scehdule of cost components.