When assessing a CE, can I ask to see the Main Contractors, subcontractor contract to ensure the rates are as agreed between the two parties and to ensure that the main contractor isn’t inflating the rate to skim off the top?
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Well, you can ask, but whether the Contractor needs to show depends:
Under NEC3 ECC, options A & B, the answer is ‘No’ as the Contractor is paid according to the Shorter Schedule of Cost Components regardless of whether they are subcontracting or not.
Under NEC3 ECC, options C to F, a Defined Cost is what the Contractor pays to their Subcontractors in accordance with their subcontracts so ‘Yes’.
Under NEC4, all options, subcontractor costs have been moved to within the (Short) Schedule of Cost Components and are reimbursed at cost, so ‘Yes’.
Thank you for your help.