NEC Option A Risk Register Exclusions

1

Currently working under an NEC 3 Option A Term Service Agreement in which the Risk Register states that the cost of road sweeper is excluded from the contractor’s costs and a contingency sum is allowed in the risk pot.
The client is now refusing to pay for the road sweeper saying that the costs should be included in the rates and its a health and safety issue.

Can you please advise is he correct or should the costs of the sweeper be recovered

2

@kgormley that is a strange thing to be stated in a Risk Register. As you will see from the definition (cl. 11.2 (14)) it includes the risks and actions to be taken to avoid them - nothing to do with liability.

As you describe it, it seems that you are entitled, but you would also need to look at the Service Information and check if the use of the road sweeper resulted from a compensation event.