NEC4 Opt A - The Contractor has priced a CE including costs for people that aren’t listed under people on the SSCC, but these people costs are directly caused by the CE itself. The Client is rejecting the cost for these people as they aren’t included within the SSCC, and therefore cannot be claimed or included in the CEQ.
Is the Client correct or is the Contractor entitled to claim for people costs who can be evidenced to have had a direct involvement as a result of this CE despite not being listed in the SSCC?
The Contractor is entitled to recover the cost of people even if they aren’t included in the SSCC. Clause 63.16 sets out a procedure for the Project Manager and the Contractor to agree a new rate if the People Rates do not include a rate for a category of person required.
Thanks Neil, does the same apply for Equipment that isn’t listed in the SSCC or listed within the CECA rates? Can the contractor apply for these items at defined cost?
Yes @BenM, item 27 in the SSCC provides for Equipment not in the published list or Contract Data to be assessed using competitively tendered or open market rates.