I’m a relative newcomer to the NEC4 contract forms. I am working on a contract using NEC4 Option A including X16 Retentiuon. My question relates to unfixed materials, payments and retentions.
Firstly, are unfixed materials a valid item to be included in a contractor’s application and/or a PM’s asessment for interim payments
Secondly, if they are, then would they be subject to retention
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Under Option A, payment (the amount due) is based on the Price for Work Done to Date which is the Prices for completed activities and group of completed activities from those listed in the Activity Schedule. Unfixed materials (materials on site) are therefore not included unless there is a specific item in the Activity Schedule. If there is an activity then retention would apply if the PWDD exceeds the retention free amount.
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