# NEC ECC: Risks associated with the introduction of a nominated sub-contractor

**URL:** <https://reachback.builtintelligence.com/t/nec-ecc-risks-associated-with-the-introduction-of-a-nominated-sub-contractor/5480>\
**Category:** General\
**Created:** [10 January 2020 06:55 UTC](https://reachback.builtintelligence.com/t/nec-ecc-risks-associated-with-the-introduction-of-a-nominated-sub-contractor/5480 "2020-01-10T06:55:02Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![turleya](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/turleya/32/87_2.png) [@turleya](https://reachback.builtintelligence.com/u/turleya)\
**Post date:** [10 January 2020 06:55 UTC](https://reachback.builtintelligence.com/t/nec-ecc-risks-associated-with-the-introduction-of-a-nominated-sub-contractor/5480/1 "2020-01-10T06:55:02Z")

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I am aware that there is no provision in NEC3 ECC for nominated sub-contractors. However, if a compensation event is notified to introduce a nominated sub-contractor into the Works Information, is the Contractor still responsible for Providing the Works as if he had not sub-contracted (Clause 26.1) and as such carry all risks associated with the conditions of the sub-contract not aligning with the main conditions of contract or does the Employer carry these risks?

Typical examples might be:

a) Defects Date in the sub-contract is earlier that the Defects Date in the main contract.  
b) There are no delay damages in the sub-contract

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**Author:** ![Glenn\_Hide](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/glenn_hide/32/476_2.png) [@Glenn\_Hide](https://reachback.builtintelligence.com/u/Glenn_Hide)\
**Post date:** [10 January 2020 07:25 UTC](https://reachback.builtintelligence.com/t/nec-ecc-risks-associated-with-the-introduction-of-a-nominated-sub-contractor/5480/2 "2020-01-10T07:25:35Z")

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Simple answer is yes, so you have to price accordingly in terms of risk within your CE quotation.

If you put a lot of risk, this may give rise to the PM giving assumptions to base the quotation upon that if they do not perform in a way that meets that assumption that it could give rise to a further compensation event and hence not the Contractor risk. Unfortunately however PM’s are not always willing to commit to such assumptions leaving arguments as to the value of the CE.