The main contract is ECC Option C and a Subcontractor has brought an adjudication against the main Contractor. The PM has disallowed the costs that the Main Contractor has incurred in legal fees and adjudicators costs in dealing with the adjudication.
I believe that costs of adjudication are only disallowed where the main Contractor is conducting an adjudication against the Employer but would welcome any comments.
I understand where you are coming from but the express wording of the contract says otherwise i.e. clause 11.2 (25) stated âDisallowed Cost is ⌠the cost of ⌠- preparation for and conduct of an adjudication ⌠.â It does not limit this to under the main contract only.
Thanks John. At least this anomaly has been cleared up in NEC4 where it is only disallowed when the adjudication is between the Parties. 11.2.26
In NEC4 ECC, clause 11.2 (26), does the disallowed costs only apply when âbetween the Partiesâ for prep for adjudication, payments to a member of DAB or proceedings of the tribunal? or does the âbetween the Partiesâ only apply to the tribunal? In summary, under NEC4 ECC, option C, is prep for adjudication between sub-c and contractor an allowable or disallowed cost? Thank you