NEC3 ECC: Temporary fencing to the Site

NEC3 and NEC4 Contracts SOCC SSOCC
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I am working on a road project to construct a new link road adjacent to an existing road. On site there is in excess of 1km of temporary (Heras) fencing along the length of the new road worksite. The contract is an Option B.

The Contractor is due prolongation costs from valid CEs that have caused delay to Completion. The have included the costs of the fencing as a separate item under Equipment. I believe that the principal function of this fencing is for site security and so may be covered in SSCC clause 41.

Would this fencing be included within the people overheads percentage under “security” in clause 41 or paid for under Equipment as a separate cost head?

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Yes there is a real possibility that the cost of security fencing is covered by the WAO. However, if there is a line item in the Activity Schedule for this fencing then I would reverse that argument as the parties would more likely have demonstrated by that line item an intention that this particular security fencing be excluded from the WAO.

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Many thanks Rob for your response. The contract is an Option B therefore I assume the same would be for a specific item in the BQ?