We are therefore somewhat confused by your reference to defined costs for the contractor’s site and working areas costs, as these should be covered either in its prices or fee. Either way the contractor should be paid in any event despite the overrun. The only exceptions to that would be:
- if the contractor was paying a subcontractor to carry out work that formed part of the contractor’s prices or for carrying out the management that the contractor should be carrying out (see the last two bullets of 11.2(26))
- if the contractor was not recovering sums that it should be from the subcontractors for their defaults, such as delay damages (see second bullet of 11.2(26)).