Answered: NEC ECC: Accepting Defects - Clause 44.2
1. Quotation for proposal not to rectify a defect should be in writing (13.1) and separate from any other communication (13.7) 2. PM should decide if the quotation is enough of a saving and worthwhile...
View ArticleAnswered: NEC3 - Can Contractor Proposed Value Engineering cost more than the...
I am not sure how you are administering this matter under the contract, although I presume that the Contractor's proposal was formally confirmed as an instruction by the PM to change the Works...
View ArticleNEC ECC: When is the Contractor entitled to a direct fee and when is a...
What is the difference between P&G's, and direct fee?
View ArticleNEC ECC: Option B. is Contractor entitled to direct fee on substituted work...
If there was an item in the BOQ for supply and install swing gate, and the contractor priced for this item, now the Employer is changing the swing gate to sliding gate, do we still have to pay for...
View ArticleNEC ECSC: Short Form, omission of works
We are currently carrying out a refurbishment contract under the NEC3 Short Contract (2013). The contract drawings are weak and the pricing schedule is also a poor document. The pricing schedule does...
View ArticleNEC ECC: Uncorrected defects 45
With regards to the timing for exercising clause 45 - Uncorrected defects If a notified defect has not been completed by the end of the period stated in Contract Data part 1 for the defects corrections...
View ArticleAnswered: NEC ECC: Uncorrected defects 45
Provided appropriate access was given in order to correct the Defect, then the PM can take action under clause 45 following the expiry of the appropriate defects correction period. To initiate...
View ArticleAnswered: NEC PSC: Option E - Contractually, what is the best way(s) to...
It sounds like you have already considered the appropriate contract mechanisms, which are usually best used by applying a mix of incentives and disincentives, rather than just focusing on one or the...
View ArticleAnswered: NEC3 ECC Negative Compensation Event Impact on Programme
The Contractor is correct, de-scoping works will reduce Defined Cost but not affect the Completion Date, it's up to the Contractor to choose how he uses the time, he can choose to finish earlier and...
View ArticleAnswered: NEC3 Contract Programme - Half the scope
There is no such thing as deemed acceptance of the programme in NEC3, it simply doesn't exist. There is only deemed acceptance of compensation event notifications and quotations and only then when this...
View ArticleAnswered: Is it critical for Z clauses to be noted in CDP1 S1 General fist...
There is no issue with the first bullet point, that's exactly all it's supposed to do is summarise the contractual framework by listing the main and secondary options plus the version of the contract....
View ArticleAnswered: Is it critical for Z clauses to be noted in CDP1 S1 General fist...
If it is not listed in first line of contract data (although it should be) you still cant say they don't exist if they are part of the bound signed contract.n It is a bit like if they dont list X7, but...
View ArticleNEC ECC: Option E, can the fee be changed if turnover is not what was expected?
On an option E contract our client has a clause that entitles them to audit the agreed rates, if the effect of the audit results in the rates being reduced this would then reduce the company turnover,...
View ArticleAnswered: NEC ECC: When is the Contractor entitled to a direct fee and when...
Just to add to QS007's comment above, As well as including for P&G type costs, the direct fee also includes head office overheads and any other cost not included in the Schedules of Cost Components.
View ArticleAnswered: NEC ECC: Option E, can the fee be changed if turnover is not what...
If the Client has the right to audit any rates and they are found to not be compliant with the contract, presumably the Schedule of Cost Components, then they may also have the right to 'change' them,...
View ArticleAnswered: NEC ECC: BoQ items doubled up?
Two ways of looking at it.... (i) 11.2(30) defines the PWDD as the quantity of work completed for each item in the Bill multiplied by the rate. So using your example of sub-base for backfill of...
View ArticleAnswered: NEC ECC - payment inspection
The Project Manager has the right to inspect accounts and records as provided by clause 52.3 of the cost reimbursable main options C, D and E, although the PM may also delegate this right under the...
View ArticleAnswered: NEC ECC: Option B. is Contractor entitled to direct fee on...
You price the change on the basis of deducting the defined cost of the omitted work, plus fee, and then adding back the defined cost of the additional work, plus fee. If the sliding gate costs more...
View ArticleNEC ECC: Is it possible to use ECI with same Contractor moving onto ECC...
Intended the main Contractor will assist designer before build under an NEC3 ECC Option A. NEC3 ECI only appears to be applicable if contractor then engaged under an NEC3 ECC Options C and E?
View ArticleNEC ECC - Unapproved Drawing Changes
We tendered a project to unapproved construction drawings. As the detail filtered in throughout the project, inevitably variations did also. The stance the Client is taking is that, as a reasonably...
View Article