NEC3 - Recovery of Cost from Subcontractor

NEC3 and NEC4 Contracts Compensation Events
1

We are the Contractor and have an NEC3 Option A Subcontract.

The Subcontractor has damaged an item of equipment that we are supplying and he is installing. The Subcontractor acknowledges he caused the damage.

We wish to recover the cost of replacing the damaged item from the Subcontractor.

What is the correct mechanism for doing this under the Contract?

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2

Peter,

I believe that falls under cl. 82.1 (repair of damage to the subcontract works) and the cost would be deducted from the PWDD in order to reach the amount due - see cl. 50.2, 3rd bullet point (less amounts to be paid by the Subcontractor).

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