Hi,
I having currently inherited a number of Subcontracts under the ‘NEC3 Shor Subcontract’, most of which have been effected by the Employer delaying the works for one reason or another.
On what basis can Subcontractors claim under this type of Subcontract? For instance, if the ‘Starting Date’ in the subcontract is 1st March, but we don’t start until 1st April, are they able to claim for a month of delay based upon their standing resources (if they have not been able to re-deploy them), and would this amount be inclusive of fee?
If we terminate the Subcontract, the Employers additional clauses state the following: no recovery on loss of fee, anticipated profit, loss of opportunity or consequential losses. Does this apply prior to termination (i.e. in what I have mentioned above?)
How does the above differ, if at all, under an NEC3 Engineering and Construction Subcontract (rather than short).
Finally, when drafting a Subcontract where the starting date is likely to change prior to the Subcontractor starting on-site, what is the best way to word this to avoid stating an overly ambitious date?
Thank you,
Gareth.