NEC Option C Defined cost

In an Option C contract the SOCC has an agreed list of rates for plant and people. If the contract is severely delayed and has significant CE works instructed, can the Defined Cost rates be amended to take into account the time of instruction and the actual availability of resource. Or is the subcontractor obliged to use these loss-making rates infinitum at the behest of the main contractor.

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I’m assuming you are on an NEC3 ECS, because you say you are Option C, and there are people rates, which can’t occur in NEC4. I’m also assuming an unamended contract.

This may seem like a point of pedantry, but the SoCC does not contain rates. The Contract Data part 2 might. It also seems that you are doing your assessments using the Shorter Schedule of Cost Components, as you are using people rates.They do not exist in the full SoCC.

So, firstly, consider whether using the Shorter Schedule is actually appropriate. Its not compulsory; you have to agree, per 63.15. If you don’t agree you use the full SoCC. Its more work, but it might suit your needs. More things are built up from first principles.

If you stick with the Shorter Schedule, yes, you are stuck with the rates you agreed.

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