Under NEC3 TSC, is an independent checking engineer for checking temporary works, eg. formwork, a subcontractor under the provision of Core Clause 11.2(16) ?
Provided the three point test at clause 11.2(16) is passed then yes. I’ve identified the three tests below and offered guidance as to how they apply to your situation :
(1) Are they a person or organisation? An independent checking engineer could pass this test.
(2) Do they have a contract with the Contractor? Again an independent checking engineer could pass this test, provided the company / organisation they are working through is not part of the same legal group of companies / organisations as the Contractor i.e. legally you can’t have a contract with yourself.
(3) Are they providing part of the service or supplying Plant and Materials designed specifically for the service? For this you need to understand if the independent checking engineer is taking responsibility for providing a service or are they just a resource being used by the Contractor.