NEC ECSC: Design liability under Short Subcontract

We are engaging a scaffolding company under the short subcontract for assembly and hire of temporary works, the design of which has been let under a separate purchase order with different T&C’s.

The design is yet to be approved by us and the Employer but would appreciate guidance on how best to tie in to the subcontract data / conditions so that the liability of the design rests with the subcontractor who is providing the temporary works.

The ECSS is not intended to be used for the hire of temporary works and it doesn’t deal with design liability at all so I’m not convinced you are using the right contract and without amendment with additional conditions of contract it isn’t fit for this purpose.