Answered: NEC ECC: Does an ambiguity in the BoQ permit the Contractor to...
NEC3 Option B provides for a CE in the case of an ambiguity in the BoQ, see clause 60.6
View ArticleAnswered: NEC ECC: Delayed start
I don't think anyone will be able to advise you on what the Client may do. From a contractual point of view, your offer is no longer valid if it was fixed for 120 days. You would therefore be entitled...
View ArticleAnswered: NEC ECC: Project Managers Assessment of a CE is clearly at odds...
You need to apply the rules of 63.1. It is forecast Defined Cost from the point either the instruction was given in writing, or for all other events when the compensation events was notified. Actual...
View ArticleNEC ECS: Acceleration of Programme under Option B
Subcontractor has been requested for revised rates for the remaining works due to acceleration of programme (and increased work volume), To date 30% of measurable contracted works are completed in 7...
View ArticleAnswered: NEC ECS: 10 % fee on dayworks labour
Couple of points here: - no such thing as day rates under NEC. If you have pre-agreed set rates for people cost and this is intended to replace the section 1 of the schedule of cost components than...
View ArticleAnswered: NEC ECS: When does incidental works become non-incidental?
You need to apply the wording of the contract to get the correct answer here. There is no such thing as "incidental" and "non-incidental". You price the works at tender stage, and then anything that...
View ArticleAnswered: NEC ECS: Compensation Event for not being able to complete works?
Did the Subcontractor have an instruction to not finish the gullies? If you did then you can notify that this is a compensation event and any costs associated can be evaluated through the compensation...
View ArticleNEC ECS: Delay to programme works under Option B
Schedule 8 of the Subcontractors contract NEC 3 Option B contained a high-level 12 month program for works which was different to the program issued at tender stage to which the subcontractors...
View ArticleAnswered: NEC ECS: Deduction for breaks?
The answer depends upon how the resources are actually paid, including whether they are on an hourly or daily rate or whether they are employees of the Subcontractor. It looks like the CE is being...
View ArticleAnswered: NEC ECS: Can transport be claimed for in a CE?
Under the Shorter Schedule of Cost Components both People and Equipment (transport) are applicable costs when they are within the Working Areas, so this would be the first question to consider. You...
View ArticleNEC ECS: Carrying out Works While in Disagreement
If there is an element of works that the Main Contractor and Subcontractor disagree on responsibility ie subcontractor says he hasn't included and isn't responsible under his interpretation of the...
View ArticleNEC ECS: Error in BOQ and MoM description
The BoQ for an NEC3 ECC Option B contract for reinforced concrete works has an item for 20no reinforcement couplers, which the Subcontractor has priced. The method of measurement (MCHW May 2009)...
View ArticleAnswered: NEC ECS: Carrying out Works While in Disagreement
It looks like you have answered your own question. The Contractor gives an instruction under clause 17.1, which the Subcontractor is obliged to obey, in accordance with the obligation under clause...
View ArticleAnswered: NEC ECC: If the Employer instructs a stop work Cl.33.1
Under NEC3 PSC this would be a compensation event under 60.1 (4) provided that the instruction wasn't required due to the fault of the Consultant. The Employer should notify the matter as a...
View ArticleAnswered: NEC4 PSS - Subcontract Data - why no Site Information?
The Professional Services Contracts have been designed for use with all professional services, whether construction related or not, so it would not always be applicable to have Site Information or its...
View ArticleAnswered: NEC ECC: Option A - Design in Compensation Events
The answer would depend on whether the designer is a Subcontractor or not. If 'No', then 2. above applies. If 'Yes', then 3. above applies.
View ArticleAnswered: NEC ECC: Contractor proposed alternative material
I endorse Glenn's comments. You could talk to them under clause 44. i.e. we accept that it is not in accordance with the Works Information and therefore a Defect. Would you accept a reduction in the...
View ArticleAnswered: NEC ECS: Delay to programme works under Option B
Not sure why you were only submitting an "eight week look ahead" programme. Contract requires a "full" programme which would be issued shortly after contract award (within the period stated in CD1)....
View ArticleAnswered: NEC ECC: With X3 presumably retention, like the Fee, is deducted in...
A good question. Assuming the currency of the contract is in 'pounds sterling', then that woul be what is used to price the Activity Schedule, with the Prices being the sum total of all the activities....
View ArticleAnswered: NEC ECC: BREXIT (X2)
Sorry I must have missed this - is something happening with Europe???? I have just sent Theresa an early warning to say that this could cause some issues and just waiting for her to confirm a day/time...
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