NEC3 SOCC 12 (d) special allowances - can maternity pay be considered a recoverable cost?

NEC3 and NEC4 Contracts SOCC SSOCC
,
1

Hi,

The Client has challenged maternity and paternity pay as being non–Defined Cost under the Contract, on the basis that it does not fall under absence due to sickness or holidays as outlined in SOCC 12(e).

I was wondering whether we could refer to SOCC 12(d), suggesting that maternity and paternity pay may be included under “special allowances”?

I look forward to your thoughts.

2

Feels like a stretch to me. I think ‘special allowances’ is for things like shift allowances, extra over for working Christmas, hazard pay, offshore allowances, stuff like that.

I’d also suggest that this is not incurred in order to provide the works, so allowance for it should rightly be in Fee.