NEC ECC: What about if the Contractor Employs a person who must travel to site, his only working site

For example, if that person is working on that site and gets paid a salary, then all of his time is effectively charged to this, the one project he works on. However, if that person is paid overtime for his travel, to site, then the contractor is incurring those costs and therefore, surely that persons travel time would be paid to the contractor?

Furthermore, and this probably would open a whole new can of worms, but if during (say) a Target Cost negotiation, if the contractor detailed for example that this persons hours of say 51hrs a week were included, detailing 6hrs travel, then this shows his intent?

Finally, what if the employer requests the contractors project manager to attend a meeting off site, then surely we’d pay his time?

People Cost under the SCC is based upon the time spent working in the working areas. This is usually calculated as follows for ‘employees’;

the total of the applicable cost components
divided by
the calculated number of working days (say 225 days)

If any agreed overtime hours are added to the calculation (from 45 to 51 in your case) then this will be reimbursed via the day rate.

As a suggestion, agree what ‘working times’ are applicable to the rates and also agree what happens in the event of any ‘overtime’ working outside these hours.

Contractually the Contractor’s PM would not be paid for their time if the meeting location was outside the working areas (under NEC3). You could, however, add the location to the working areas, which shouldn’t be a problem if it was the Employer’s request.