Answered: NEC ECC: Clause 61.2 Proposed instruction
NEC4 now does this much better in section 65 of the contract. It is a whole new section on managing proposed quotations, including making it clear on what date the instruction will be given to proceed....
View ArticleAnswered: NEC ECS: Option A Subcontract - Negative CE and Fee Percentages
If the Contractor has instructed a change to the Subcontract Works Information (Scope) under Subcontract A to remove the requirement to provide craneage, then the assessment of Defined Cost would not...
View ArticleAnswered: NEC ECC - Design Acceptances
If the Contractor uses concrete instead of granite this would be a Defect under clause 11.2(5) "part of the works designed by the Contractor which is not in accordance with ... the Contractor's design...
View ArticleNEC ECC: Claiming for prelims when contract period is extended?
We have a 35 week programme that is included in the contract. Each month we apply for prelims against the access date and planned completion. We are 30 weeks into the 35 weeks. There are a number of...
View ArticleAnswered: NEC ECC: Removal of completion criteria for Key Date
Interesting question and one I am not sure that the contract specifically addresses, but should be able to be dealt with practically. I agree as you say that there should be an clear PMI (instruction)...
View ArticleAnswered: NEC ECS: Option A Subcontract - Negative CE and Fee Percentages
Cant help thinking that would have been for Subcontractor A to come to their own agreement with Subcontractor B without you the Contractor getting involved. The contract does not specifically...
View ArticleAnswered: NEC ECC: Client requesting products inclusion to Contractor design
Firstly, the Activity Schedule is not used to specify any product, which is the job of the Works Information. Where a particular product is not specified then the designer would be free to choose...
View ArticleAnswered: NEC ECC: conflict in Works Information
Firstly the Project Manager needs to decide which product is required and instruct the Contractor accordingly under clause 17.1 ambiguities and inconsistencies. If the Contractor was aware of the issue...
View ArticleNEC ECC: Removal of completion criteria for Key Date
Within Contract Data Part 1 is a list of multiple Key Dates, with a list of Criteria required to meet the appropriate milestone. One of these (Key Date criteria) is no longer required by the Employer....
View ArticleAnswered: NEC ECC: Claiming compensation events in interim valuations
The simple contractual answer is no. Strictly CEs should only be included in the PWDD when the CE has been implemented and the work (relative to the CE) has been completed.
View ArticleAnswered: NEC ECC: Option B, no shorter schedule of rates included
I don't understand how the Shorter Schedule of Cost Components (SSoCC) wasn't included as it's automatically included in the conditions of contract when main Options A to E are used. In order for it to...
View ArticleNEC ECC: Client requesting products inclusion to Contractor design
ECC Option A - D&B Can the client ask for specific products to be included within the specifications on a design and build project? It was my impression that as the contractor on an Option A...
View ArticleAnswered: NEC ECC: Does the period for reply apply to the Contractor as well
Sorry Dave but you are incorrect with your statement here - I think you are thinking about the ECS where there the default is that there is a separate period for reply for Contractor and Subcontractor....
View ArticleNEC PSC: Can we procure any goods through NEC4 PSC?
Can we procure any goods through NEC4 PSC? The background is that we have offered NEC4 PSC Option E for an Early Engagement Phase, but the programme requires that they procure some long lead time goods...
View ArticleNEC ECC: named products from several suppliers when you are producing a stage...
We are producing a stage 3 then onto a stage 4 specification for the production side of the design and build process. Q: do we need to include several alternative products or suppliers within the...
View ArticleAnswered: NEC ECS: Terminal Float pricing?
Quite an unusual situation here. Firstly I am not sure you have the power to INSTRUCT them to start earlier than the starting date (or even why you would want to), but by agreement obviously they can....
View ArticleAnswered: NEC ECC: Commence with additional works or not?
It comes down to under which clause the quotation was requested under. If it was under clause 61.2 (or 65.1 for NEC4) then this is just for a proposed quotation and you should not proceed in the...
View ArticleAnswered: NEC ECC: named products from several suppliers when you are...
In terms of 'need' to include several alternatives, this should be addressed by the Scope (Works Information) or by reference to what each design stage deliverables are specified, not by the conditions...
View ArticleAnswered: NEC ECS: Can I issue a payless notice and subsequently counter...
Any application of 'set off' must be on the basis of a contractual right, an equitable right in law or as a statutory right in the case of liquidation. As you don't appear to have any contractual...
View ArticleAnswered: NEC ECC: Amount to withhold for defects and when to charge...
Firstly the issue of correcting Defects is different before Completion, as the 'defect correction period' begins at Completion for Defects notified before then. After Completion the time to correct a...
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