NEC ECC: Is Radiodection Equipment classed as Survey Equipment?

NEC3 and NEC4 Contracts Payment
1

Clause 44 (h) of the Schedule of Cost Components includes for the provision and use of survey and setting out equipment as included within the Working Area Overhead (WAO). I am working on an NEC Option C contract and have been claiming that Radio detection Equipment (CAT & Generator) are required for Health and Safety reasons and as such are not classed as either surveying or setting out equipment which is what the Project Manager has determined when assessing the Defined Costs and quotations for Compensation Events.

Can someone please advise as to whether they are deemed to be included in the WAO?

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My view would be that they are covered by the WAO as they are used to survey the ground, the purpose is irrelevant really. Whilst there is a health and safety reason for doing this there is also a technical reason as the exact location of services may affect the design.

Bear in mind the value of these items in the greater scheme of things, if you disagree with the PM’s assessment of a compensation event, your only recourse is adjudication - hardly worth pursuing for such a minor amount of difference.