NEC ECSC: What forms the Works Information
Under the ECSC contract does this form of Contract does the Price List form part of the Works Information, (Cl 11.2 (13)?
View ArticleNEC ECC - Payment on consumables
The Supervisor on the project is very particular about the type of coffee to be provided in the Site offices. They convince you that an expensive coffee machine should be provided by the Contractor...
View ArticleAnswered: NEC ECS: Option A - Reactive works carried on inefficiently
Yes there is something that protects the Contractor - it is called the contract! 63.1 states that if the instruction changes the Works Information then it should be based upon forecast defined cost (it...
View ArticleAnswered: NEC ECC - Payment on consumables
The simple answer is what is stated in the Works Information or Scope? If it says 'coffee' then you would be obliged to provide just that, presumably a product that complies with the description which...
View ArticleAnswered: NEC ECSC: What forms the Works Information
No, it is a separate contract document which is used in the administration of the financial procedures under the contract, see contract clauses 11.2 (9), 11.2 (10), 50.3 and 62.1.
View ArticleNEC PSC: Should a forecast of expenses be included within the tendered Prices...
Under option A, a Consultant gets paid expenses incurred at the rates identified within contract data. However, should they have included a forecast of likely expenses within their tendered Price, or...
View ArticleAnswered: NEC PSC: What relevance are Employer expenses in CD1?
It is a mechanism which allows the Employer to state what expenses they wish the Consultant to be responsible for (that is to pay on behalf of the Employer) and also to define what will be reimbursed,...
View ArticleAnswered: NEC ECC: Is it possible to use ECI with same Contractor moving onto...
Your question refers to NEC3 but I believe this must be a typo in that you mean NEC4 and the use of X22. In principle yes you would be able to use the intention of X22 but not X22 itself. I would...
View ArticleAnswered: NEC ECC: Can PM designate certain brand of consumables in PM...
If the Works Information at tender stated that the Contractor was to provide 50 No. 900g cans of spray paint and the Project Manager now requires the Contractor to provide 50 No. 900g cans of Brand X...
View ArticleNEC ECC: What can Contractor can do if the Payment Assessment by Project...
The Contractor manages to submit an application for payment to the Project Manager just prior to the assessment date. This highlights that the previous amount due for payment was incorrect and low by a...
View ArticleNEC ECC: How to deal with the compound problems due to Contractor's Defects?
A Contractor experiences two problems on Site. A steel staircase has been positioned incorrectly and is misaligned with the first-floor stairwell by 0.5m. This results in expensive remedial work. To...
View ArticleAnswered: NEC ECC: How to calculate the Gain Sharing when Contractor Defects...
The gainshare through out the life of the project is only a forecast. The Client has no guarantee on their share (and neither does the Contractor for that matter) until the final calculation. The cost...
View ArticleAnswered: NEC ECS: Option A – Extent of Subcontractor’s Liability under...
The Contractor is correct unfortunately. Clause 81.1 says that all the risks that are not the Employer's or the Contractor's are yours. The Employer's and Contractor's risks are listed at 80.1 and none...
View ArticleAnswered: NEC ECC: Correction of Defects and Design Limitations
The Contractor has to design and construct the works in accordance with the Works Information and the Law. In carrying out the design, the Contractor is obliged to apply his reasonable skill and care....
View ArticleNEC ECC: Defects arising from poor workmanship
New build project on a greenfield site over a 90 week contract period. Procured using a two stage open book approach and let under the NEC3 ECC Option A. C responsible for design and build of the...
View ArticleAnswered: NEC ECC: How to deal with the compound problems due to Contractor's...
First of all the Supervisor should notify the Contractor, separately, of the 2 Defects because those parts of the works are not in accordance with the Scope (NEC4,) cl 43.2. The Contractor and Project...
View ArticleAnswered: NEC ECC: Defects arising from poor workmanship
You seem to have a lot going on! I suggest that you should revisit the Defect notification and check that it covers what you consider the issue(s) to be and is clear. If unclear then I would issue a...
View ArticleAnswered: NEC3 ECC, Assessment on delay to Activities - Option A
I would suggest that the most equitable solution would be for the Contractor to pay for the completed work either by certifying the activity or the group of activities the work is in (assuming the...
View ArticleAnswered: NEC ECC - Unapproved Drawing Changes
Your tendered price is deemed to have been based on the provisions of the contract and the Works Information in existence at time of tender. You will need to check the Instructions for Tender and/or...
View ArticleAnswered: NEC ECC: Sectional Completion / Taking over with non essential...
Yes there is no problem with that. Completion is when the works have been done in accordance with Works Information/Scope and it is free of defects that would allow the Employer/Client to use the...
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