In the context of Option B and NEC Subcontract, the Subcontractor has employed a labour agency to undertake works. The Subsubcontracted Fee percentage is 15%. A Direct Fee applies to Materials but no % on Working Area Overhead is stated in the Subcontract. As far as I am aware the Subcontractor has not issued details on the sub-sub it wishes to Employ to the Contractor under Clause 26 and it is not clear whether or not he based his original price on carrying out works directly or by sub-subbing it out.
Can the subcontractor claim the labour agency costs as a subsubcontractor and therefore with the additional 15% sub-sub fee?