Answered: NEC ECS: Verbal instructions
This is a prime example of why NO one should ever act on a verbal instruction. 13.1 requires any such instruction to be in writing, and then IF this instruction is a reason under 60.1 as to why it is a...
View ArticleAnswered: NEC ECC: Quotation for a compensation event notified under Clause...
The Contractor should ask the Project Manager for a PM assumption (under 61.6) as to when they are to assume the access will resume again, otherwise how can they issue a quotation. Even if it was given...
View ArticleAnswered: NEC ECS: How to build a global claim
This is a great question to play "spot the errors" with. Can I summarise with a list of errors: 1. There is no such thing as a global extension of time claim 2. Contractor shouldn't give the...
View ArticleAnswered: NEC ECC: Single or multiple communications for CE's?
If you are using an online administration tool for managing the flow of NEC communications such as FastDraft then the system will kind of keep the Parties on the right path. Clause 13.7 states any...
View ArticleAnswered: NEC ECS: When does incidental works become non-incidental?
Firstly you haven't stated which main option you are working to, as you mention both A (Activity Schedule) and B (Bill of Quantities). Apart from this, however, the valuation of work completed in...
View ArticleNEC ECS: Verbal instructions
When a Contractor verbally instructs a Subcontractor to de-mob part of work force ( and the Subcontractor issues a CE to coincide with this ) The Contractor then states that they didn't officially...
View ArticleAnswered: NEC ECC: Is a Contractor paid for CE works that are not yet agreed?
It depends on what Main Option you are using. If option A (priced contract with activity schedule) or option B (priced contract with bill of quantities), then payment is made against implemented CE's...
View ArticleAnswered: NEC ECC: How does clause 25.2 work in practice under option C?
Yes that is correct, although entered on a payment certificate (notice) as a 'below the line' adjustment, in that it is not included in any calculation for retention or VAT. As it is not PWDD it would...
View ArticleAnswered: NEC4 ECC Clause X22 (ECI)
The Professional Service Subcontract would be most suitable as the timescales would fit in with the main Engineering & Construction Contract (ECC). Neither the NEC4 PSC or PSS has an X22, but it...
View ArticleAnswered: NEC ECC: Option D Remeasurement
I was explain this in training yesterday and it is complicated ! Under the 3rd bullet point of 60.4, the threshold for musing Defined Cost + Fee to calculate the change to the target Prices is 0.5% of...
View ArticleNEC ECC: If the Employer instructs a stop work Cl.33.1
If the Employer instructs a stop work under clause 33.1 with a view to restarting at a later date, is this a Compensation Event with costs attached?
View ArticleAnswered: NEC ECC : What can be included within quotation?
Basically any extra cost that the Contractor will incur as a result of this event that they would not otherwise have incurred is what they can claim for. If the existing management team who were going...
View ArticleAnswered: NEC ECC: Should an NEC3 Option C Contractor be applying for...
The answer is NO as X1 operates to add an inflationary adjustment amount to the Prices (target) based on the value of an interim assessed amount of PWDD due. The adjustment to the Prices is made based...
View ArticleAnswered: NEC ECS: Whose liability are items not on the B of Q?
This is one where the exact wording is important, but on the face of it : - the Contractor has passed down their contractual obligations in terms of not putting them in breach of contract under their...
View ArticleAnswered: 10 % fee on dayworks labour
I don't quite understand what you are asking. Can you confirm that you are under an option A or B NEC3 Engineering & Construction Subcontract and what the Contractor is arguing.
View ArticleNEC ECC: Does an ambiguity in the BoQ permit the Contractor to notify a...
Excavation depths not identified in BoQ as method of measurement requires
View ArticleNEC ECC: Delayed start
Hello All, Last August we tendered for a public project in ROI - all went quiet for some time until December when the client decided to proceed to site. We therefore got a letter of acceptance and...
View ArticleNEC ECC: Project Managers Assessment of a CE is clearly at odds with clause...
Our Contract is NEC3 Option A with additional clauses allowing a reduction in prices for omitted works instructed by the PM The PM has accepted a quotation for additional work in 2 areas. The work was...
View ArticleAnswered: NEC ECS: Acceleration of Programme under Option B
You have to assess acceleration on its own merits. You need to consider the extra cost it will now cost you to complete the works by the earlier proposed Completion Date and any extra risk that brings....
View ArticleNEC ECC : What can be included within quotation?
PMI has been issued by the Project Manager for works to be carried out by the Contractor. The new works were not known of at the start of the contract. Within the quotation for the new items the QS has...
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