We are currently engaged on an NEC3 ECC (2005) - Option E contract, with our main Subcontractor being engaged on an NEC3 ECS (2005) Option E contract.
The Subcontractor is due to correct a number of Defects (prior to completion), and have advised us that they cannot provide the required level of labour to carry out the works. They have now issued us with a request to provide labour to support them during the Defects corrections, which we will have to source from other projects to assist them.
I am aware that the Subcontractor is entitled to be paid for correcting Defects prior to Completion and will be paid Defined Cost for the labour provided.
However, can the cost of Contractor provided labour be recovered from them under Cl.25.2? (i.e. the Contractor and the Subcontractor provide services and other things stated in the Subcontract Works Information).