NEC Option E - Subcontractor query

Hi, we are the client (a housing association). The main contractor House builder we use is on an option E who has sub let out various packages (Electrical, Civils, etc.)

The Main Contractor has had several issues with there Subcontractors, especially with regards to programme.

For example the plasterers have arrived on site to start the plastering however the electrical subcontractor has taken twice as long and not finished. Therefore we have received a lot of waiting time dayworks sheets for the plasterers (and other trades). The main contractor is claiming for these costs as defined cost. Should these be payable under NEC Option E or can they be disallowable. My argument is that the Main Contractor should have avoided / mitigated these costs. (Worth noting no EWN has been raised) - In summary… Should the client be paying for the Main Contractors failures to manage there subcontractors?

Short answer is no they should not. You would need to strip out Disallowed Costs as are set out in 11.2 (25) of Option E. Happy to assist you with that if we can. regards. Mike