Answered: NEC ECC: Contractor change to Works information
Yes - this would be a compensation event, and more importantly no contractual clause that says "unless you changed your method of working".
View ArticleAnswered: NEC ECC: Hazardous Waste
You don't specify here but I assume you are at tender stage and not yet signed your contact. If that is the case then I don't think it matters what specific terms you use in any "qualification" or...
View ArticleAnswered: NEC ECC: Acceptance of contractor's latest submitted Cl32 programme...
Absolutely they can. There may have been fundamental issues that have now been corrected which has led to Feb being accepted. Jan will remain unaccepted. You could go back and try to amend the Jan...
View ArticleAnswered: NEC ECS: In an Option C subcontract, when is the Pain/Gain...
The Project Manager makes a preliminary assessment at Completion, which is then included in the next amount due the following period. There is a final assessment made within the final total of the...
View ArticleAnswered: NEC ECC: The correct application of Direct Fee % in a Compensation...
It's hard to give an absolute answer as you do not say whether you are under NEC3 or 4 and which main option you are under and hence which Schedule of Cost Components you are using. Reading between the...
View ArticleAnswered: NEC ECC: Terminal Float against Key/Sectional Completion Dates
Yes and the contract actually states that. Clause 63.3 states that if a CE moves planned Completion then Completion Date moves by the same amount i.e. Contractor owns terminal float. This then repeats...
View ArticleAnswered: NEC ECS: Option A Subcontractor refusing to breakdown hourly rates
If they are not willing to break these rates down then you could assess it yourself using what you consider to be open market rates (or threaten to do this and see if it gets a different reaction to...
View ArticleAnswered: NEC ECS: Is there a limit to the change in scope that can be...
Let's take this question in generality first : your contract is deliver to deliver the 'works' (in italics). So, to take a real life example, if the 'works' were for 'The construction of X' and then...
View ArticleAnswered: NEC PSC: What is the risk to Consultants under option E for defects...
In NEC3 PSC the concept of Time Charge is used instead of Defined Cost, Fee and Disallowed Cost. Time Charge is a defined term at clause 11.2(13), the part of this relevant to this discussion is "......
View ArticleAnswered: NEC ECC: Specified material now on long lead time - is this a CE?
The only one it could possibly fall under is clause 60.1 (19) and this assumes that, as well as satisfying the last 3 bullets, it stops you achieving the Completion Date. I.e. the delay is so...
View ArticleAnswered: NEC ECC: People Costs Allowance Within the Fees
What is in your fee is actually irrelevant. To assess whether you get anything extra for a CE, you have to demonstrate the change in Defined Costs due to the CE. So if the QS is based in the Working...
View ArticleNEC ECC: Option C tender information
Option C Tendering - received a TQ answer; excl. the Provision of a detailed programme before and during the Contract - I'm under the impression this makes much of Option C irrelevant? Additionally the...
View ArticleAnswered: NEC ECS: Can a Contractor reduce/descope and request a requote on a...
Yes they can instruct a new CE to reduce the hoarding they want. However you then get to assess the cost saving of not providing the hoarding. If for example you have already bought all the materials...
View ArticleAnswered: NEC ECC: Option C tender information
I'm assuming that the response to the TQ related to the detail of the programme rather than the programme itself. You need to be careful as answers to TQ's may not apply 'post contract' due to the...
View ArticleAnswered: NEC ECC: Termination for any reason
It doesn't expressly state what the reason might be, although it wouldn't include one of the other specified reasons. Where the Employer terminates for 'any (other) reason' the Contractor is paid...
View ArticleAnswered: NEC ECC: Does the Project Manager have to be a named individual?
There is nothing to stop an organisation being named but it is strongly advised/good practice to name an individual who can then further delegate powers (in writing) to others so it is clear...
View ArticleAnswered: NEC ECS: Can costs be claimed back under 25.2 for poor performance
No. But what you could do is notify the outstanding works as Defects - a part of the works not in accordance with the Works Information, whereupon they have the defects correction period to correct it....
View ArticleAnswered: NEC ECS: Option A - Procedure for a sub-contractor to terminate...
You need to ensure you follow the procedures described in the termination provisions, if you fail to do so then it could be classed as a repudiatory breach of contract which may affect the amount you...
View ArticleAnswered: NEC ECS: Can costs be claimed back under 25.2 for poor performance
If you have certified Section Completions, or should have certified them - see definition of Completion at clause 11.2(2) - then you will struggle to justify why you should be entitled to claim your...
View ArticleNEC ECC: Can the client limit payment to agreed target value only on option C.
We are working on an NEC3 Option C with numerous CEQ's submitted but most not agreed. The Client have implied that they are behind but equally, they have been advised by us that they are 'out of time'....
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