FAQ's Nominated Selected Subcontract Agreement

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Question 1

I am an n/s subcontractor and have been advised by the principal agent that since I do not have the named "foreman" who I advise would be on site, he is reducing my preliminaries. I have however had on site a foreman throughout the entire project be it one of my other foremen, myself and my partner in the business. Is he legally allowed to do this based on the Agreement:

Ref: N06.001

Answer

NSA 6.1 effectively states that the n/s subcontractor must have a "representative" ... continuously on site...” Note "foreman" is not used or identified in any form whatsoever. The preliminaries are adjusted [32.12] as necessary which is not the case in this instance. In my opinion the principal agent is not acting in terms of the n/s agreement and the employer would loose should the issue be taken to dispute resolution