Answered: NEC ECS: Information relating to the Quotation
The quotation should be based upon forecast Defined Cost, which should be at open market rates. If they are using a Subcontractor that is more expensive than the market rate than is necessary, the...
View ArticleAnswered: NEC ECS - Is working additional hours to mitigate delays classed as...
Acceleration is bringing forward Completion Date to meet an earlier date. The Contractor can instruct a quote but then can not make their own assessment of the Subcontractor acceleration quote - they...
View ArticleAnswered: NEC ECS - additional works for Subcontractor
Assuming you have instructed this additional works which is a change to Works Information then if you do not agree with their resultant quotation then you can assess it yourself as the Contractor. If...
View ArticleAnswered: NEC ECC: Can works be removed from a Contractors scope without...
The very simple answer to this (save for extraordinary conditions or very specific contract wording beyond the standard form) is no. The removal of work to give to another will be a repudiatory breach...
View ArticleAnswered: NEC: Subcontractor input - which is best form of contract?
If it is to provide advice and input, but not do any of the design and documents, then keep it simple: NEC4 Professional Services Short Contract (PSSC), probably on a time charge basis. Beyond that, it...
View ArticleNEC ECC: Under Clause 50.1 of the NEC3 ECC Contract does the assessment...
Under clause 50.1 'Later assessment dates' occur at the end of each assessment interval until 4 weeks after the Defects Certificate is issued and at Completion. If Completion and the corresponding...
View ArticleAnswered: NEC ECC: Is the Project Manager to certify two amounts due if there...
I'm not sure the linguistic distinction you are making is particularly relevant here. There's one procedure for application, certification and payment that usually repeats on a monthly cycle. So you'll...
View ArticleNEC ECC: Should we notify early warnings during stage 1 ECI?
We are working under an option C contract with X22 ECI. We are currently during stage 1, and the Client is saying we should not be raising early warnings during this stage as we are helping them with...
View ArticleAnswered: NEC ECC: Changes to Completion Date
By accepting a programme showing planned Completion later than it was in a previous programme the PM is not accepting any liability for an extension of time. They are merely accepting that it is a...
View ArticleAnswered: NEC ECC Option C - Equipment rates
Firstly, published lists for Equipment are only used in ECC Option A when the Shorter Schedule of Cost Components (SSoCC) applies, the SSoCC can only be used in ECC Option C by agreement and only then...
View ArticleNEC ECC: Sectional Completion (X5) Certificate - before or after defects period?
On my contract an NEC Option A contract clause X5 is used and there are two sectional completion dates in the programme. The Contractor is almost ready to complete the works and handover. I am of the...
View ArticleNEC ECC Option C - Equipment rates
The Employer has just entered into a contract with a Contractor which didn't have an Equipment list included in Contract Data Part 2. The Contractor owns the majority of the Equipment to be used on the...
View ArticleAnswered: NEC ECC: Under Clause 50.1 of the NEC3 ECC Contract does the...
I don't think so. The last sentence of clause 50.1 says:"Later assessment dates occur at the end of each assessment interval until four weeks after the Supervisor issues the Defects Certificate and...
View ArticleNEC ECC: Assessment of CE (Time) which is as-built at Dividing Date
Within NEC 4.... Cl63.5 tells us to assess the impact based on the Accepted Programme current at dividing date. Cl63.1 tells us the dividing date is the date of the communication. In most cases this...
View ArticleAnswered: NEC ECC: Should we notify early warnings during stage 1 ECI?
Your Client is wrong I'm afraid, Option X22 as with any other main Option or secondary Option works in conjunction with all of the core clauses, not as an alternative or as a standalone contract. With...
View ArticleAnswered: NEC ECC: Sectional Completion (X5) Certificate - before or after...
Clause 30.2 provides that the PM certifies Completion within 1 weeks of Completion. The defined term "Completion" is when the work to be done by thew Completion Date has been done and notified defects...
View ArticleAnswered: NEC ECS: Would the Subcontratcor be liable for any costs for...
If there are defects in work undertaken then termination does not relieve responsibility for those defects. It does however remove the right to rectify though any cost must still be reasonable such...
View ArticleAnswered: NEC ECC: Assessment of CE (Time) which is as-built at Dividing Date
In October 2017 the NEC issued guidance around what they meant with their amended NEC4 clause 63.5, and then finally in 2019 version of NEC4 they have amended the wording of the contract clause 63.5 to...
View ArticleNEC ECC: Time impact assessment of CEs
A Contractor in his quotation for a CE, has stated that the accepted Programme was incorrect and has "corrected" it, citing the Society of Construction Law Delay and Disruption Protocol, "“Prior to...
View ArticleAnswered: Are you entitled to prelim costs on additional time if you complete...
Adding to Glenn's answer... The assessment of value of a CE is not necessarily directly linked to the assessment of time. They actually serve different purposes and are calculated differently. The...
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