How do you agree a Subcontractors final account under NEC3 ECS Option C when the Subcontractor is not playing ball, for example:
As part of the normal audit process the Subcontractor does not provide suitable information to calculate and assess the correct amount of Defined Costs. This is necessary as costs have not been captured correctly in the subcontractors project accounting system.
Following a post-completion review of implemented CE’s (as requested by the subcontractor) a number of revised assessments have been made and specific additional information requested from the subcontractor, but the subcontractor does not reply. How would the assessment be enforced?
Is it down to the contractor / PM to act properly / independently and assess both the Defined Cost and the Target reasonably, if so where do you stand with a lack of response / agreement from the subcontractor especially where the contract might be in pain.