# NEC3 ECC: Recovery of monies from Subcontractor

**URL:** <https://reachback.builtintelligence.com/t/nec3-ecc-recovery-of-monies-from-subcontractor/3843>\
**Category:** Compensation Events\
**Created:** [9 October 2016 21:25 UTC](https://reachback.builtintelligence.com/t/nec3-ecc-recovery-of-monies-from-subcontractor/3843 "2016-10-09T21:25:22Z")\
**Posts on this page:** 2\
**Page:** 1

<div class="post-metadata">

**Author:** ![system](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/system/32/1709_2.png) [@system](https://reachback.builtintelligence.com/u/system)\
**Post date:** [9 October 2016 21:25 UTC](https://reachback.builtintelligence.com/t/nec3-ecc-recovery-of-monies-from-subcontractor/3843/1 "2016-10-09T21:25:22Z")

</div>

How would you recover costs for materials that a subcontractor should have bought but didnt? Would you recover through a compensation event?

---

<div class="post-metadata">

**Author:** ![Glenn\_Hide](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/glenn_hide/32/476_2.png) [@Glenn\_Hide](https://reachback.builtintelligence.com/u/Glenn_Hide)\
**Post date:** [9 October 2016 21:44 UTC](https://reachback.builtintelligence.com/t/nec3-ecc-recovery-of-monies-from-subcontractor/3843/2 "2016-10-09T21:44:26Z")

</div>

You can only recover this from the Subcontractor if indeed it one of the reasons under 60.1 that it is one. I assume from the question this is an option A subcontract.

If the Subcontractor managed to meet the Works Information requirements without providing this material then actually no - this would be their benefit (under option A). If it was an express requirement then this would be a Defect which either has to be corrected or the Contractor can give a quotation for a saving (or you make them provide the materials. If you had instructed them not to provide these materials then this would be assessed as a (negative) compensation event.

Depends a little but therefore on what exactly these materials were and who/how they were to be provided. Once you have looked at this then follow the rules above.
