NEC ECC: Costs of assessing change(s) under NEC3 permitted ?
After receiving a significant amount of additional documentation from the client through various PMI's and addendums, the employer provided a register consolidating all the contract works information,...
View ArticleNEC ECS: Insolvency Termination - Take over
Main contractor perspective, subcontractor is insolvent, currently on a default notice for significant hindrance (not placing orders for plant required) . Has come to light subs are likely to become...
View ArticleAnswered: NEC ECC: No Accepted Programme - OPTION B
You really need to get round the table to agree an original baseline programme as otherwise you will have nothing to be able to assess any change against. Both Parties should see the issue with this...
View ArticleAnswered: NEC ECC: Can the PM supply specification of an EW / new works...
There is so much wrong with this question in terms of how the contract has been followed/understood. Here area few simple NEC rules to follow: 1. an early warning should be notified for something that...
View ArticleAnswered: NEC ECC: Costs of assessing change(s) under NEC3 permitted ?
I am assuming that this is an option A or B contract, but do correct me if mistaken. In brief, it is "the cost of PREPARING the quotation" that is not allowed to be included in the quotation. That is...
View ArticleAnswered: NEC ECC: Payment to the Contractor for a Quotation?
Assuming NEC3, unfortunately (for you) the cost of preparing the quotation is expressly excluded (see 11.2(22)). This does change under NEC4 where the exclusion has been deleted. This means any...
View ArticleAnswered: NEC ECS: Insolvency Termination - Take over
If you have already notified a default which then gives you the right to terminate (reason R14), then you would probably be best to continue down that route rather than try to pursue any other reason,...
View ArticleNEC3 PSC - Programme with rejected CE
Scenario under NEC PSC: Consultant has been delayed in delivering design package by three weeks. Root cause of delay is a simple failure to timeously transfer files between themselves and a sub...
View ArticleAnswered: NEC4 PSS - does X18 limitation exclude matters covered under...
Firstly, secondary option X18 limits liability for the specified matters and amounts, as stated in the Contract Data. This includes indirect or consequential loss, which is the second limb under...
View ArticleNEC ECSC: Fee percentages applied to NEC short contract
On an NEC3 Short Contract are there only two Fee Percentages that can be applied on a CE. As part of the Contractor's Offer, the contractor provides a "Percentage for overheads and profit added to the...
View ArticleAnswered: NEC ECC: Must Contractor repeat CE Notifications for ongoing...
This situation should never have arisen so now a difficult situation to resolve amicably. A Project Manager should respond to a notified CE within one week. The fact at this stage you don't know how...
View ArticleAnswered: NEC4 - additional work after Completion
Nothing to stop it, although there is less remedy as this will be after Completion and no delay damages would apply so no penalty for the additional works if they are "late". In practice this would be...
View ArticleAnswered: NEC ECC: Suitable form of contract for provision of site labour
Engineering & Construction Short Subcontract with the works being something like "Supply of labour to >insert what you want them to do<" Price List contains rates per category or individual...
View ArticleNEC3 - Can Contractor Proposed Value Engineering cost more than the Billed...
The Contractor has put forward a proposal for value engineering. The design was put forward by the Contractor and accepted. The quotation is now for more than the billed amount and they are also...
View ArticleAnswered: NEC ECS: Clause 80.1 "Contractors Risk"
Well, for a start it is 60.1 (14) that is relevant to a NCE for a specific reason under clause 80.1. Secondly, this heading is for claims, proceeding and costs payable is if someone else is making...
View ArticleNEC4 Option 4 - Missing Fee Percentage in Contract Data part two
In Contract Data part two, the Contractor has left the fee percentage entry blank. You speak to the Contractor about this and you are told that, it thought Contract Data part two had been completed...
View ArticleNEC ECC: When is the assessment date?
Under NEC3 ECC Clause 51.2, each certified payment is made within three weeks of the assessment date. So, if the assessment date is 1 May 2019, what is the payment due date ? (1) 21 May 2019, or (2)...
View ArticleAnswered: NEC4 Option 4 - Missing Fee Percentage in Contract Data part two
How many times have we seen this crucial entries like this left blank which just opens the door for an argument. Neither the Project Manager or the Contractor are allowed to just add-in whatever fee...
View ArticleAnswered: NEC ECC: When is the assessment date?
Using your example and the NEC timescales, if the payment assessment date is 01 May 2019, the payment due date would be 08 May 2019 and the final date for payment is 22 May 2019. Interestingly, 'May...
View ArticleNEC PSC: Option E - Contractually, what is the best way(s) to control...
Setting up a PSC option E for design and trying to decide on the best way to control the programme and cost as the works are time critical yet not well defined. Are their any contractual mechanisms I...
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