PSC4 - People or Subcontractor

NEC3 and NEC4 Contracts SOCC SSOCC
1

I am aware this topic has been debated at length, but thought it may be worthwhile seeking opinion in this particular circumstance.

We are engaged on a PSC4 Option E Contract. To augment our existing design team, we have utilised our internal framework agreement(s) to onboard 1 designer from Organisation Nr 1 and 2 designers from Organisation Nr 2. All are working in our premises under our control, supervision and on our IT systems (as would an ASW or CSW) to provide the services.

Q – are these resources classed as People or as a Subcontractor. My view is they are People as defined by Clause 11.2 (14) A Subcontractor is a person or organisation who has a contract with the Consultant to provide part of the service, except for the supply of people paid for by the Consultant according to the time they work.

Any views would be most appreciated for this circumstance.

2

Hi Badgerbitter, you are correct, the definition of a Subcontractor excludes labour only. Under component 13, the Consultant claims for badgers not directly employed by it, ie.not on its payroll, according to the time they have worked. This is explained in Volume 4 of the PSC Guidance Notes.