ECSS Option A: A piece of equipment has been stolen off The Site which is provided by the Subcontractor as part of their subcontract works.
The subcontractor is seeking to recover the cost of said equipment through the CE process.
Is this not an insurance matter ?
Yes, Clause 84 requires the Contractor to provide the insurances stated in the Insurance Table, which includes loss of or damage to Equipment, at the replacement cost.
Note that Equipment in NEC speak means things used by the Contractor to provide the works, and doesn’t mean something which forms part of what the Contractor is providing - that is termed Plant, but the provisions of the contract are the same.
If there is an excess on the insurance policy, then clause 85.4 still requires the Contractor to cover that cost.
Assuming the sub-contract is the NEC ECS, then the same provisions apply as in the ECC.