Answered: NEC ECC: Where are the prelims?
When you are tendering for either option A or B (or C or D for that matter) any prelim type costs should be included within your total of the Prices. Therefore under option A or B if it is not a line...
View ArticleAnswered: NEC ECS: Error in BOQ and MoM description
I believe you are taking a reasonable approach, the only question I would ask is whether the drawings and/or rebar schedules detailed the couplers. If so then the Subcontractor had the information to...
View ArticleAnswered: NEC4 PSSC: Defined Cost and Fee Application
Absolutely no need to apologise Emma, that's what we're here for, plus I think you've identified an ambiguity in the PSSC. The Price List isn't intended to be used where work is to be carried out on a...
View ArticleNEC ECC: Can Contractor proceed at risk if design not accepted?
If a Contractor submits a design for acceptance, asking for permission to commence straight away with procuring it, if they are prepared to take all risk of the design being wrong - could the...
View ArticleAnswered: NEC ECC: How do the X7 Delay Damages operate where you have...
They will each be assessed on their own merits and do not move automatically if the first one is missed. It will be up to the Contractor to recover the programme back on other milestones, or incur the...
View ArticleAnswered: NEC ECC: Can Contractor proceed at risk if design not accepted?
The Contractor can proceed but it will be completely at their risk. Depends which option they are under - option A will be their risk entirely. Option C would probably result in a disallowed cost, so...
View ArticleAnswered: NEC ECC: Use of Secondary Option X18
From a bidder's perspective the answer is 'Yes' because otherwise they have liability both up to their excess/deductible when the insurance kicks in (as normal) and, as you point out, above the limit...
View ArticleAnswered: NEC ECS: Option A Subcontract - Key Dates
I assume you are the main Contractor. The delays caused by Subcontractor B are a compensation event under subcontract for A : this could, for example, be under 60.1 (2), (3) or (5) and are consequently...
View ArticleNEC ECC: Can Contractor proceed at risk if design not accepted?
If a Contractor submits a design for acceptance, asking for permission to commence straight away with procuring it, if they are prepared to take all risk of the design being wrong - could the...
View ArticleNEC ECC: Use of Secondary Option X18
NEC3 ECC Contract - Employer has not included X18 in the contract documentation where part of the works includes a contractor designed element (design and construction of canopy structure). A bidder is...
View ArticleAnswered: NEC ECC: Contractor's master programme showing all items on...
As Jon says - you reject this programme and you can make your own assessment of all compensation events going forward which will not be in their favour. Still this is very difficult for you to do and...
View ArticleAnswered: NEC ECC: Works Information Abuse?
They should be very careful putting what is intended to be Site Information as Works Information, as any instructed change to the Works Information would then be a compensation event. Ambiguities...
View ArticleAnswered: NEC ECC: Discrepancy between Bill of Quantities and Works...
All compensation events in the unamended NEC include for the assessment of time and cost ... or more precisely, an Increase in the Prices or delay to the Completion Date ... with the proviso that the...
View ArticleAnswered: NEC ECS: When assessing a retrospective Compensation Event under an...
Just because neither party has followed the timescales does NOT mean you revert to "actual cost". Clause 63.1 states that the switch point between actual/forecast cost is either when the instruction...
View ArticleAnswered: NEC ECS: Data for Shorter Schedule of Cost Components
This is something that is commonly argued after the event and should have been clarified prior to the contract being entered. The Contractor has assumed that direct fee has been applied to the rates,...
View ArticleNEC ECC: Which accepted programme is used to measure a CE impact?
I have an event occurred where there is extra work which can impact the planned Completion. At the time the event arose we have an Accepted Programme from the previous period. However by the time the...
View ArticleAnswered: NEC ECC: Collateral warranty
These are quite different and serve different purposes. A Parent Company Guarantee (PCG) is used in relation to performance under the contract, as provided by secondary option X4, and is where the...
View ArticleAnswered: NEC ECC: Can the Project Manager after issuing an Instruction to...
Termination is a right not an obligation, so there would be nothing to stop you from agreeing to extend the period of suspension of the works. The right to terminate also only actually applies, under...
View ArticleAnswered: NEC ECC: Which accepted programme is used to measure a CE impact?
Phil's answer would be absolutely right for NEC4 but by reference to 63.3, I assume you are using NEC3 which is less explicit as there is no (equivalent) statement saying you use the "Accepted...
View ArticleNEC ECC Option E: De-scope of work and dead time due to Access
Scenario: Contractor A’s scope of work in Area 1 is due to be complete in March. Commencing works in Area 2 (planned for March) is driven by Contractor A’s receipt of key design information by...
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