NEC3 ECC: Named Subcontractors

Under contract data part 1 the Employer used clause z to change the subcontracting procedure by actually taking over from the Contractor, the Contractor only had to submit names of the subcontractors and the Project Manager with all the consultants will do the procurement and only seek recommendations from the contractor before appointments. But, the process has been delayed because prospective tenders are not CIDB registered, neither the Contractor considered CIDB and the Project Manager because the documents that went out for tender didn’t have CIDB as a returnable schedule. Who’s at fault? And which type of Compensation event is this?

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Very unusal for this process to have been taken over by the Employer. As you describe it, it does not sound like this is the Contractors liability therefore the Employers liability. Assuming the period for appointing the subcontractor is on the programme, then if the Employer is late in providing this then it could be a CE under 60.1(3)?