Involved in a NEC3 option C contract. The Contractor is seeking advance payment for Plant & Materials that won’t be within the Working Areas for a large portion of the contract. The Works Information is silent on the marking of Equipment, Plant & Materials - basically it was never envisaged that the type of materials being purchased would require advance payment. How can clauses 70 & 71 apply in this case?
To compound matters the advance payment is being made to a supplier of a Subcontractor. Clearly the Employer is concerned that should the supplier go bust there’s a risk that monies paid to acquire materials will be swallowed up by other creditors.