Hello! Firstly apologies if this is a stupid question or something that has a very simple answer that i am not quite grasping.
I have been in the industry for 3 years now and something that is commonly thrown around is the concept of contra charging or setting off.
In a very simple example if the main contractor was down to provide craneage to the subcontractor. The subcontractor encountered delays due to their own fault, which meant the crane was required for longer. The Contractor would then incur extra costs for the additional duration of crane hire and could charge for this under clause 25.3.
I have seen these agreed before especially when it is very clear like the above. A Subcontractor would agree “yes it was our fault, we will have to pay for that” and everyone is happy etc.
My question is though, is there actually contract mechanism in the NEC3 ECS to enforce that? It seems to split opinion, some say that the Contractor would raise a negative CE but i dont believe this is the correct way either?
Obviously some would say this is what you have option X7 in for. However, this would not cover some events, for example if a Contractor provided scissor lifts and the Subcontractor damaged them. Would the Contractor be within rights to claim this back?