NEC3 TSC Option A and X19 Secondary Option
Hi, 1. I’m working under NEC3 TSC Option A with Secondary Option X19. Inclusive of X19 is X19.10 [Compensation Events]. Does this supersede the main compensation event provisions within Option A or...
View ArticleNEC3 ECC: No Accepted Programme maintained
Subcontractor failed to maintain an accepted programme. An event occurred which is an Employers risk.(1 day) a) Is Contractor entitled to a CE. (Contractor has failed to submit revised programmes...
View ArticleNEC3 ECC: Can Employer retract a "negative" CE
Employer issued instruction, CE was implemented. After a considerable time period had passed Contractor advised that the cannot execute the works and requested Employer remove it from their scope....
View ArticleAnswered: NEC3 ECC: Defect that causes no impact
Under the circumstances you describe, Clause 44 allows the Contractor to propose to the Project Manager that the Works Information should be changed so that the Defect does not have to be corrected.
View ArticleNEC3 ECC: Temporary fencing to the Site
I am working on a road project to construct a new link road adjacent to an existing road. On site there is in excess of 1km of temporary (Heras) fencing along the length of the new road worksite. The...
View ArticleAnswered: NEC3 ECC: No Accepted Programme maintained
a) An Employers risk occurring is a compensation event. This should be notified by the Contractor within 8 weeks of becoming aware otherwise they are time-barred(unless it is one of the seven reasons...
View ArticleAnswered: NEC3 ECC: Time barring inconsistency and ambiguities
The Project Manager is wrong here - assuming there is no Z clause amendments that change the standard contractual rules. There is a strong onus on the Employer to produce in the first place good,...
View ArticleAnswered: NEC3 ECC - Option D : Post-Audit of Defined Cost
Option D Clause 11.2(25) defines what is Disallowed Cost under the contract. Only items that meet the criteria stated in clause 11.2(25) can be disallowed by the PM. I don't believe that there is any...
View ArticleAnswered: NEC3 ECC: Can Employer retract a "negative" CE
No - not as you describe.There is no where in the contract that allows you to recover such cost. First instruction was a CE which changes the Works Information which was assessed on its own merits....
View ArticleAnswered: NEC3 ECC: Costs for quotations under NEC PSC Option C
Under option A the cost of producing CE quotations is excluded (62.7). The same clause does not exist under option C, therefore the cost of producing quotations is NOT excluded and can be included...
View ArticleAnswered: NEC3 ECC: Named Subcontractors
Very unusal for this process to have been taken over by the Employer. As you describe it, it does not sound like this is the Contractors liability therefore the Employers liability. Assuming the period...
View ArticleAnswered: NEC3 Use of rates for Defined Cost
Yes you are correct. Defined Cost is the default position for assessing a CE, only by agreement can rates or lump sums be used. The Adjudicator should be assessing the dispute in accordance with the...
View ArticleSett off costs for hired plant failures
A sub-contract agreement was put in place to supply labour and plant to undertake the installation of support steelwork. however the mechanical plant (mastclimber)failed on numerous occasions causing...
View ArticleNEC3 ECC: Clause 63.13 under Option B
Can you provide guidance on the application of Cl63.13 in an ECC Option B contract. In general previously I have built up CEs prior to the works using forecast defined cost using SSCC. What impact does...
View ArticleAnswered: NEC3 ECC: Is the Employer entitled not to pay the Contractor...
I have seen this same question asked a few different ways recently and I will give it the same answer that has already been given. I am assuming this is an option C or D contract You can only not pay...
View ArticleAnswered: NEC3 ECC: Can the Contractor submit a revised Programme without...
This is an easy one - Yes! (as in yes the Contractor can submit a programme showing no terminal float) Important to remember that "terminal float" is simply the difference between planned Completion...
View ArticleAnswered: NEC3 ECC: Option C. Does acceptance of concept design make the...
Irrespective of the stage of the project, any design changes that are made to comply with the Works Information are at the Contractor's risk under the contract. This is confirmed in clause 14.1. The...
View ArticleAnswered: NEC3 ECC: What if there has never been an accepted clause 31...
Here is the problem when one Party or other is not following the contract. If you submitting a programme at tender stage and it was referenced in contract data part 2, then by default that is the first...
View ArticleAnswered: NEC3 ECC: Sett off costs for hired plant failures
There are no such thing as "contra charges" or "sett off costs" specifically within the NEC3 contracts. There are however mechanisms you could have put in place such as using Key Dates where if a...
View ArticleAnswered: NEC3 ECC: Should defects be included as additional activities in to...
A programme should reflect the work that you know you need to do. That will include change in logic, change in durations and also any additional activities that you need to do - which in this case...
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