NEC ECC: Recovery of labour costs for Option A/C/E due to COVID-19

I’m looking for some guidance on the entitlement and best practice around claiming labour costs for each option of NEC3 due to COVID-19.

We have been instructed to stop works under 60.1(4) with an assumption date.

Under Option A/Short Form are the defined cost for labour recoverable even though employees are now furloughed?

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Under the Coronavirus Job Retention Scheme, it is a condition of the scheme that workers cannot do any work for the employer that has furloughed them.

Consequently, it would not be possible for any such workers to ‘Provide the Works’ under these conditions and so they could not be treated as Defined Cost. This is without consideration of the requirement to work in the Working Areas.