NEC4 Option C subcontract where the SOCC has been deleted by Z Clause and replaced with a set of rates for people, plant and operated plant etc etc. the issue is the Original contract was a 3 month programme which is still on going 3.5 years later. failure to properly administer the contract has led to CE’s not being agreed and implemented correctly. the main issue is the Main Contractor insists on instructing new work and releasing packages of the original work and insists on using the original schedule of rates. A £250k contract is approaching £1.0M and is incurring significant losses with the further threat of a “pain” calculation to be made. Can the use of this schedule continue in perpituity ???
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@kevin.graham1 I would start by looking at the definition of “Defined Cost” in your Subcontract, as amended of course.
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It clearly states that the schedule of rates are to be used as defined cost.
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