NEC3 ECC Schedule of Cost Compenents - Charges 4 - Specialist Services 43(h)
What types of costs could be included as 'Specialist Services' under Charges (4 - 43(h)) within the Schedule of Cost Components?
View ArticleAnswered: NEC ECC: Option B Clause 63.13 - effect of amendments
Neither ! This clause is about how changes in the Prices - worked out under 63.1 - are inserted into the existing BoQ - see the opening sentence of 63.13. What it does lead to, which I think you have...
View ArticleNEC ECS: Option A – Extent of Subcontractor’s Liability under Clause 82.1.
I am currently working for a Subcontractor employed by main Contractor under a NEC3 ECS Option A subcontract. We have recently raised several EWN’s and NCE’s regarding damaged (mainly accidental) to...
View ArticleNEC ECC: Option B:- Compensation Events and missing items
A Contractor has missed items within their CE Quotations which have been agreed and paid in an assessment by the PM. They are adamant that they can claim these missed items within the BoQ remeasure....
View ArticleNEC ECS: Contractors failure to respond to a CE
Following the Main Contractors PM accepting our programme in September 2018, we issued an Early Warning Notice stating that the revised accepted programme would change the prices due to our prolonged...
View ArticleNEC4 PSS - does X18 limitation include matters covered under insurances?
If under the Subcontract it's a requirement for the Subcontractor to have insurance cover of say £10 million for professional indemnity, but under X18 the Subcontractor’s liability for either...
View ArticleNEC4 PSS - does X18 limitation exclude matters covered under insurances?
If under the Subcontract it's a requirement for the Subcontractor to have insurance cover of say £10 million for professional indemnity, but under X18 the Subcontractor’s liability (for either...
View ArticleNEC ECC: Payment/ Assessment for works/ Price for Work Done to Date (NEC3 ECC...
I am the PM on a project using an NEC3 ECC Option A contract. The Works Information specifies particular items such as testing, witnessing, record information and labelling etc.. The Contractor is...
View ArticleAnswered: NEC ECC: When is the contents of an Early Warning Notification...
They have confused two processes here. Under NEC3, there are only three deemed acceptances in the whole contract and they are all to do with compensation events. If an early warning has been notified,...
View ArticleAnswered: NEC ECC: Option A Tender rate assessment
Unfortunately (and I only say that as you might not like the answer for this scenario) it is the cost of what it will be now, less the cost of what it would have been. The omission is not however...
View ArticleAnswered: NEC ECC: Option B:- Compensation Events and missing items
Under main option B there are specific contract provisions which deal with a change in quantities under clause 60.4., although all of the requirements in the stated bullet points must apply, which...
View ArticleAnswered: NEC ECC: Payment/ Assessment for works/ Price for Work Done to Date...
From reading your comments, my first observation is to say that 'incomplete works' are not a Defect. A Defect is a part of the works not 'in accordance' with the Works Information, applicable law or...
View ArticleNEC ECC: Contractors Proposal Increases Cost Option C
The PM accepted a CE for side entry treatments / table tops. The Contractor suggested a material change to increase the durability. The PM accepted the proposal but then rejected a subsequent NCE for...
View ArticleNEC4 ECC: Option A Clause 63.4
The scenario – Adding in an ATM Machine into a brick wall and therefore the bricks are to be omitted from the Contractors Scope. NEC 4 Clause 63.4 bullet point one how I read it is that a Compensation...
View ArticleAnswered: NEC4 ECC: Next Payment Date option C
I think your question highlights the importance of having a detailed understanding of how the contract actually works in practice, from day one. The first assessment date is decided by the Project...
View ArticleAnswered: NEC ECC: X1 - Price Adjustment Factor - Proportion Calculation
You have applied the correct calculation, although I came up with an adjustment amount of £963.86, due to the number of decimal places, that is 20% x 0,33 (a third) is actually 6.67%. I usually have a...
View ArticleAnswered: NEC ECC: Contractors Proposal Increases Cost Option C
It doesn't sound like it. For the side entry treatment /table tops the PM would have to instruct a change to the Works Information (NEC3) / Scope (NEC4). Providing the PM then instructed the further...
View ArticleAnswered: NEC3 ECC Schedule of Cost Compenents - Charges 4 - Specialist...
This is a difficult category, not least because it comes under Charges and so must relate to a Charge, otherwise it would be an alternative cost component, such as People. or perhaps treated as a...
View ArticleAnswered: NEC ECC: No X2 change in law, but the law changes Works Information?
Yes, see clause 18.1 of NEC3 or 17.2 of NEC4. In brief, the Contractor notifies the PM that the WI/Scope requires him/it to do something which is illegal or impossible and, if the PM agrees, the PM...
View ArticleAnswered: NEC ECSC: Is flooding weather?
I have, unfortunately, gone all the way to adjudication on this years ago for bad weather in 2006. The developer had increased the weather risk to 1 in 25 years so the Contractor was only getting a...
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