NEC4 option C and clause 52.2 account records

Have been trying to ascertain information from the contractor to close down a Final Account,
when asking the contractor, for example the payment records for direct labour, so that I can match it with allocation sheets, I receive very defensive responses such as its " confidential information" or they do not provide the information? looking back at the NEC4 Option C contract used it clearly advises in clause 52.2 that contractor keeps records of proof that the payments have been made and accounts of payments of defined cost & clause 52.4 it states that the contractor allows the PM To inspect at anytime for these records. pls advise of a response.


Not sure there is really a question there! Yes it is for the Contractor to provide appropriate accounts and records. I have often seen arguments around what amounts to an appropriate record and then if there was something specific intended then it should have been provided for in the Contract. However, I cannot see any justification for providing no records. Clearly if you are paying on a “cost” basis the cost needs to be validated. A fairly straightforward application of Disallowed Cost first bullet as with no accounts or records the costs cannot be justified.


I have been faced with this on more than a few occasions with contractors trying to hide behind HR Data Protection and more recently the latest incarnation of that being GDPR legislation.

There are tests within the GDPR legislation, that when applied, make it evident that the information can be shared for the purpose requested, being legitimate. If it gives the provider a greater level of comfort then consider entering into a confidentiality agreement between the parties.

As Rob Horne suggests in his response, and in my extensive experience in such cases, the application of Disallowed Costs always results in access to the information being granted.

Hold your ground, it is a contractual obligation.

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