NEC ECC: Subcontractor Damage to Site

I’m the Contractor on a project, under NEC Option A with a Subcontractor. the Subcontractor has not complied with their method statement and has caused damage to a persons land.

I can’t see a CE under 60.1 that is for damage to land, so it would suggest it isn’t a CE. The Subcontract doesn’t implicitly state that they must comply with their method statement, but the implication is there, as otherwise why write one.

I would like to ‘recover’ the cost the Contractor is going to have to pay to the landowner however not sure if I can.

To be perfectly honest, I am not sure that the Method Statement is necessarily relevant here anyway. It is possible that this issue is an insurance matter although also check the indemnity obligations under the sub-contract in relation to losses.

If the method statement was part of the Subcontractor’s Works Information, then you could then have a compensation event for changing the Works Information. Alternatively, depending on how the ‘works’ is described, you have an argument for not doing the work in accordance with the Works Information which is a Defect. Correcting it then becomes a contractual obligation and you can charge them under clause 45 for not doing this.

Otherwise - and most likely - I agree with Andrew.