NEC ECS: Is payment on termination due 13 weeks after notice of termination...
The Contractor gave notice of termination to his Subcontractor, but delayed the certificate of termination by several weeks. In essence, is termination effected for purposes of the final payment, on...
View ArticleNEC ECC: Contract not paid suppliers and lost plant/equipment
The Contractor has not paid its suppliers and a plant which was being used to complete the works has gone missing and the Contractor could not explain where its gone. What am I able to do regarding the...
View ArticleNEC ECC: specification from Works Information or Bill item
The specification provided by the Architect and included in the Works Information has described and given the type of product to be used in the construction. Essentially approximately 1,750m2 of a...
View ArticleAnswered: NEC ECC: (Option C) - What defined costs can the Contractor apply for?
Whatever was included in the Contractor's activity schedule does not define the scope of works, which is essentially defined by the Works Information. Under a main option C the activity schedule gives...
View ArticleAnswered: NEC ECC: Which accepted programme is used to measure a CE impact?
This is an area I wrote an article on back in 2013 which you can find in the "guidance/publications" section of my "GMH Planning" website. What I concluded in the article was that NEC3 implies the...
View ArticleAnswered: NEC3 ECC - Standing down the Contractor.
Termination is a possibility and under NEC3 the Employer has the right to terminate for any reason. As the Contractor has performed well so far, however, one of the risks is that the works may have to...
View ArticleAnswered: NEC ECC: Termination & Pain Gain calculation
Yes. Main Option C adds clauses 93.4 and 93.6 which detail how the share amount is assessed, which is then added (or deducted as the case may be) to the calculated total.
View ArticleAnswered: NEC ECC Option E: De-scope of work and dead time due to Access
Under option E a Contractor can only claim the costs that they are incurring. If you add work or take work away they should do so as efficiently as possible knowing that disallowed costs could be...
View ArticleAnswered: NEC ECS: Is payment on termination due 13 weeks after notice of...
It must be when the termination certificate has been issued, as various actions, including the Subcontractor being obliged to stop work, commence when this has occurred. Note that the ECS contract...
View ArticleNEC ECS: Disclosure requirement of subcontractor costs for compensation...
We have a NEC3 ECC Option A contract (or a NEC3 based contract because of many amendments), My question is: Are we obliged to show the employer our subcontractor offers (unit rates) in case the...
View ArticleAnswered: ECC Main Option A and Inflation under Compensation Events
In short 'Yes', as the compensation event will have affected Defined Costs. Consequently, the Contractor is entitled to those changes in Defined Costs which are due to "the effect of the compensation...
View ArticleAnswered: NEC ECC: how does PM assess a late CE
When you say submit, it depends on what part of the CE process you are talking about. They should notify the CE within 8 weeks otherwise they are time-barred - assuming it is one of the ones they are...
View ArticleNEC ECC: Option C - Off Site Fabrication - Sub-Contract Fee or Direct Fee?
If a Contractor under an Option C issues an NEC3 Supply Contract for some off site fabrication does this attract the sub-contract fee % or the direct fee % in their applications?
View ArticleAnswered: NEC ECC: Contract not paid suppliers and lost plant/equipment
In your question you state plant by which I assume you mean Equipment. You don't say if your concerns extend to the Contractor not performing on site progressing the works. I suggest that if the...
View ArticleAnswered: NEC ECC: Non-payment for Subcontract within the working area
Under a Main Option E, costs are either 'disallowed' because they do not comply with the category requirements in the Schedule of Cost Components, the definition of Defined Cost or they are a...
View ArticleAnswered: NEC ECS: What is the procedure if the Contractor has neither...
You have to notify the fact that they have not responded to your notification (in writing, separately from other communications) in accordance with clause 61.4. If they are silent for a further three...
View ArticleAnswered: NEC ECC: Payment for Attendance at Subcontractor Works
Under NEC3, to be treated as a 'genuine' cost, People costs are required to be incurred in order to Provide the Works and also be within the Working Areas. In this instance the premises was not in the...
View ArticleNEC ECC - can terminal float be purchased from a Contractor for Target Cost...
The Employer instructs additional work before agreement of the Target Cost and asks the Contractor to provide an accelerated programme to retain the original Completion Date (the Contractor advises...
View ArticleAnswered: NEC ECC - can terminal float be purchased from a Contractor for...
Anything goes before the contract is signed! If this is the Contractor's offer that they will increase the Prices (target) by X in order to maintain the original Completion Date and that is...
View ArticleNEC ECS: Using X18 to limit X7 delay damages?
Included within an NEC3 Option A subcontract agreement, the Subcontract Data under X18 states: 'The Subcontractor’s total liability to the Contractor for delay allowable under this contract is limited...
View Article