Answered: NEC ECC: Appointing others to correct uncorrected Defects
No under clause 45 you just need to notify them in writing the fact that you will get others to correct as they have failed to do so within the defect correction period. The Project Manager should give...
View ArticleAnswered: NEC PSC: Compensation events only for budget purposes under option E?
What the other question/answer would have been pointing out is that under option E, as the Consultant is paid actual defined cost anyway, that the compensation event quotations are only really to give...
View ArticleNEC SC: What value is used for the application of delay damages?
Under the Supply Contract form the Supplier has failed to achieve the delivery date and are therefore liable to delay damages. Our clause X7 states that: - amount per day is £500 limited to 10% of the...
View ArticleAnswered: NEC ECC: 62.5 Extending the time allowed
The PM should be confirming the agreement made between the PM and the C not a unilateral "agreement" made by himself/herself. I suggest that the C replies highlighting that it has not agreed to the...
View ArticleNEC ECC: Could anyone please put up the full list of roles and...
I understand that some of the roles have changed between NEC3 & NEC4. I would like a full list of the roles and responsibilities to compare against MF1 IET contracts.
View ArticleNEC ECC: Contractor Share arrangement
Clause 53 refers to the Contractors share arrangements and how these are to be assessed, with 53.3 stating the PM makes a preliminary assessment at Completion. we have a scenario currently where the...
View ArticleNEC ECC: Can you be paid for working outside of the Working Areas?
While working on an NEC3 Option E Contract, the Contractor has recently suffered numerous delays getting to site as a result of Official Strike action by another Contractor which involved picketing the...
View ArticleNEC ECC: If the Project Manager accepts a Project programme and the Planned...
When the Project Manager (Client) accepts a project programme submission what are they accepting in terms of dates? If the submission states Planned Dates that are later then the Contract Dates is the...
View ArticleNEC ECC: Can we claim for delivery of materials on site, if this is not...
Our NEC3 ECC option A contract has an amendment which states: The clause states ‘the Price for Work Done to Date is the proportion of the Prices for the proportion of each item in the Activity Schedule...
View ArticleAnswered: NEC ECC: Could anyone please put up the full list of roles and...
For the ECC form the parties are the Client and Contractor with administrative roles for the Project Manager and Supervisor. Further named roles are; Others, Subcontractor, Senior Representative,...
View ArticleAnswered: NEC ECC: Contractor Share arrangement
The simple answer is to 'do what it says in the contract' which means the PM assesses the share amount at Completion (of the whole of the works) and when the final Price for Work Done to Date and final...
View ArticleAnswered: NEC ECC: If the Project Manager accepts a Project programme and the...
By accepting the cl 32 programme the PM is not accepting "new contract Dates". Key dates and Completion Date(s) are adjusted, (mainly, by the compensation event process which is a separate process to...
View ArticleAnswered: NEC ECC: Can we claim for delivery of materials on site, if this is...
Under an unamended option A contract, I would say 'No, you would have to specify delivery of the materials to Site/ the Working Areas as an activity in the Activity Schedule'. Given the amendment made...
View ArticleAnswered: NEC ECC: Can you be paid for working outside of the Working Areas?
The principle of the SCC under NEC3 is that certain components of cost are required to be in the Working Areas for these to constitute Defined Cost, which includes People. In reality much of the cost...
View ArticleAnswered: NEC ECC: Isn't 11.2(23) a double negative?
I agree double negatives are always hard to get your mind around and aren't in the 'plain English' style which NEC aspires to be in. The reason for it, though, is to avoid double deductions. E.g. the...
View ArticleAnswered: NEC4 ECC - X22 - Quotations for proposed instructions
The X22 provisions work alongside the core clauses and main Option clauses just like with any other secondary Option. So firstly you need to deal with the proposed instruction under clause 65 just like...
View ArticleAnswered: NEC ECSC - omission of works
Firstly you need to be careful if not complying with the Client's instruction as this could place you in breach of contract at clause 14.1. If the instruction was either a change to the Scope (clause...
View ArticleNEC ECC: If the Project Manager accepts a Project programme and the Planned...
When the Project Manager (Client) accepts a project programme submission what are they accepting in terms of dates? If the submission states Planned Dates that are later then the Contract Dates is the...
View ArticleNEC ECC: Option A - Zero Defects
The WI specifically required the project to be complete with ‘zero’ defects. Due to the nature of the project, we had to accept Completion with in excess of 4000 Defects. As you can imagine, managing...
View ArticleNEC ECC: Option A- Accepting subcontractors
ECC NEC3 Option A contract. Completion and take over has occurred and we are one month from Defects Date. Currently in dispute with C over some surfacing works. WI fairly vague and aside from some...
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