Answered: NEC3 ECC: Assessing extention of time entitlement from "incorrect"...
This is where the contract is not specific enough. The contract states that it is assessed against the Accepted Programme - but does not explicitly say whether you take into account progress, delays...
View ArticleAnswered: NEC3 ECC: Assessing extention of time entitlement from "incorrect"...
Mike, This is a really good question, and I agree with Glenn that the contract is not specific enough. But I do think that there are a few clauses that suggest that you do need to take account of...
View ArticleAnswered: NEC3 ECC: Assessment of a de-scope of works (from PMI)
Yes in theory(although not quite sure what a negative budget is). It is a fact that you do not use activity schedule rates to assess CE's (positive or negative UNLESS by agreement on an individual...
View ArticleAnswered: NEC3 ECC: What "people overhead" percentage would be typical?
I am afraid that there isn't a typical answer/range to the people percentage. The two key areas however that impact on the percentage are:- Whether any of the items included in the people percentage...
View ArticleNEC3 ECC: Employer Design Liability and timeliness of EW's
Scenario – The Works Information identified the use of a lightweight density concrete to construct a new arch saddle for an accommodation bridge. The concrete mix design specified in the Works...
View ArticleAnswered: NEC3 ECC: Employer Design Liability and timeliness of EW's
If I was the PM on this contract, the first question I'd seek to answer would be " Did the Contractor give an early warning for the incomplete mix design as soon as he was aware of the matter ?". The...
View ArticleAnswered: NEC3 ECC: Who's liability is period between "Completion" and...
Between Completion and Take Over the Contractor holds the risk of "Loss of or wear or damage to the works." After Take Over this becomes an Employer's risk-See clause Clause 80.1 Bullet Points...
View ArticleAnswered: NEC3 ECC: Temporary fencing to the Site
Yes there is a real possibility that the cost of security fencing is covered by the WAO. However, if there is a line item in the Activity Schedule for this fencing then I would reverse that argument as...
View ArticleAnswered: NEC3 Incentive mechanisms in a ECC Option C contract within an...
Hi Niall Dave's answer is a good starting point but only if the incentive share mechanism has been set up properly. You could bring in X6. I know you would usually do so at the beginning but no reason...
View ArticleAnswered: NEC3 ECC: Option B Employer omission in Bill of Quantities
This is a difficult area. However, start with clause 60.6 which provides for the PM correcting an error in the BoQ due to an ambiguity of inconsistency. 60.6 then provides that the BoQ is to be taken...
View ArticleAnswered: Planning: If proposed construction is illegal, is it legal to make...
I don't think that a party wall award can be given for an illegal act, in the same way an arbitration award cannot. It is not so much that the award is illegal just that it is unenforceable.
View ArticleAnswered: NEC3 ECC: Is the Contractor paid for UK Public Holidays?
The contractor should be paid people costs when he incurs people costs. If that is over a holiday or weekend it doesn't matter. The only caveat to that would be if there were an express term in the...
View ArticleAnswered: NEC3 ECC: Payments for People in Working Areas
I take a slightly different line to Dave here. The focus is the cost to the contractor. That is what is recoverable as a people cost. If that cost is incurred as an hourly rate within the working area...
View ArticleNEC3 ECC: People in the working area
With regards to the SSCC and payment of the People costs element for people who are directly employed by the Contractor and whose normal place of working is not within the Working area but who are...
View ArticleNEC3 ECC: Can Contractor claim back liquidated damages (X5 & 7) from...
Three questions: (Subcontractor has missed Key Date) 1. Can Contractor claim back liquidated damages that he will incur upstream to (Employer - X5 & 7) from Subcontractor under clause 25.3 2. If...
View ArticleAnswered: NEC3 ECC: X5 & 7 - Damages that Contractor would incur
There are two elements to this question: Firstly and quite subtly there are different financial liabilities for missing a sectional completion rather than a Key Date. If a sectional or the overall...
View ArticleNEC3 ECS: Where does the Schedule of Cost Components sit
Very new to NEC Contracts! Where does the schedule of cost components usually sit in an Option A Subcontract? I have started a new role recently and there are several Option A Subcontracts on jobs I...
View ArticleNEC3 TSC: Reallocaton of labour
Under the TSC, if the Employer instructed a Contractor to cease working on the activity scheduled works and re-deploy the labour that has already been paid for under the agreement, would this...
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