NEC3 ECC: Uplift in claimed principal contractor sub-contractor costs as a result of actual delay - Who pays?

My principal contractor has an in-house surfacing department. As a result of actual delay they are indicating to me that they will now have to sub-contract the surfacing works out as their in-house dept cannot accommodate the change in dates.

The sub-contractor quotes they have received back are higher than the costs they had allowed for. Who is liable for this uplift in costs? The client or the principal contractor?

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Depends if the reason for the reason for “actual delay” is a compensation event or not. If it is a compensation event then potentially yes (as long as they can prove it is an element of Defined Cost), otherwise if not a compensation event then there is no way for the Contractor to recover this cost.

Answer also depends on which ECC option you are working under. If this is option C, then any overspend by the Contractor that is not dis-allowable is shared under the pain/gain mechanism.

If ever a Contractor says “can I claim for this thing”, my answer is always “show me where in clause 60.1 that thing is a compensation event” then yes you can clam for it.