Answered: NEC3 PSC - Programme with rejected CE
You have to decide if this is a compensation event. Clause 60.1(11) is typically for more force majeure type events - it does not sound like your example fits that description. Did they manage it...
View ArticleAnswered: NEC ECSC: Fee percentages applied to NEC short contract
In the ECSC there are only two percentages, as you have stated, for people and other Defined Cost. Although you have fee percentages under the framework contract, these are not specific to the call...
View ArticleAnswered: NEC ECC: Option A quotation for an Option E contract?
It is not part of the contract but like most things anything is possible by agreement. If there is a specific element of work that you agree you will do for a fixed sum and you mutually agree that in...
View ArticleAnswered: NEC ECC: Clause 62.6 Notice Issued and PM Failed to Reply within 2...
Q1 - technically clause 13.1 requires all communications to be in a form that can be read, copied and recorded, the PMs request was not as as such should not have been complied with. However the PMs...
View ArticleAnswered: NEC ECSC: Short Form, omission of works
It sounds like both parties are applying a JCT approach to a NEC! There are no other provisions for dealing with change in the NEC other than compensation events so all "claims" must be related to a...
View ArticleNEC ECC: Use of wording "Approval" vs "Acceptance"
I am preparing the contract document, in which as "common practices", it is "reference" from previous similar contract. It was noted in the "reference" contract document, it appear several times of...
View ArticleNEC ECC: Clause 62.6 Notice Issued and PM Failed to Reply within 2 weeks
We (the Contractor) are working on an NEC3 Option C Contract. The Employer caused delays to the Project by not allowing access to and use of a part of the Site. We issued a CE Notification advising the...
View ArticleAnswered: NEC ECC: Use of wording "Approval" vs "Acceptance"
The only time the word approval appears is in relation to the Contractor obtaining approval from Others, for example for his design, where appropriate. use of the word 'acceptance' is probably more...
View ArticleAnswered: NEC ECC: No X2 but law change leads to change to Works...
Yes, if the Client's/Employer's WI is changed then it is a change in WI and therefore a CE (assuming it is not due to a default by the Contractor)
View ArticleAnswered: NEC ECC: Title when advance payment wasn't envisaged
I think in this instance the Employer has every right to be concerned as they are quite remote from the actual Plant and Materials, with payment presumably going through a supply chain of several...
View ArticleAnswered: NEC ECC: Provision of equipment an Employers Risk or Contractors?
The requirement is what is stated in the Works Information. It sounds like there have been discussions on how you actually fulfil this, but unless these change the requirement in the Works Information...
View ArticleAnswered: NEC ECC: Remedial options of dealing with a Contractor who does not...
If this was the first programme that has not been accepted then under clause 50.3 you can withhold 25% of their Price for Work Done to Date (which is cumulative). That is only on the first programme...
View ArticleNEC ECSC - omission of works
We tendered for window replacement scheme (design/build) with local housing authority. We fortunately were successful and our tender was accepted by the Client and the contract signed (NEC short form...
View ArticleAnswered: NEC ECC - Contractor on option E is in delay
Not sure how either Party have allowed yourselves to get into a situation where there are no compensation events being managed and no Accepted Programme in place. Under option E the only Contractor...
View ArticleAnswered: NEC4 ECC Short Contract - Guarantor offering amended wording for...
The first point to note is that there is no standard bond wording under NEC as the Bond terms are set out in the Scope,. From my own experience I have encountered a wide range of wording from a...
View ArticleNEC ECC: Planned Completion being driven by a third party
As a Contractor, we currently have a contract where the starting date and planned completion are being driven by a third party. The contract data has a start date of 1st June and a Completion Date of...
View ArticleAnswered: NEC ECC: Switching price from Option E to Option A
In practice "Yes' BUT it would have to be by a Supplemental Agreement to change it, all details would have to be agreed, written down and signed by both Parties. That would include the Prices which...
View ArticleAnswered: NEC ECC - Clause 64.1 PM Assessing Compensation Events as he will...
Question 1: the Project Manager is correct in what he is doing given that there is no accepted programme. There is no 'may' in clause 64.1, so it is mandatory that the PM assesses the compensation...
View ArticleAnswered: NEC ECC: Revising Prices in Option B
In theory this shouldn't happen because the Bill rate should describe the end state that is to be achieved which should match up with the description of what is in the Works Information (under NEC3) or...
View ArticleAnswered: NEC ECC: Compensation Event - PM Rejection due to Time Bar
A similar situation has previously occurred in England for the celebration of a royal occasion such as in 1977, 1981, 2002 and 2012. These were declared by a Royal Proclamation, which meant that they...
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