Answered: NEC ECS: Option A Compensation Event Assessment
In response to your last three points; If the remaining work has altered due to the compensation event then the Subcontractor is required to provide details of the alterations to the Accepted...
View ArticleAnswered: NEC ECC: Option B Remeasurable
Firstly the term 'work' is not defined and is different to 'works' which is an identified term. The definition of 'Provide the Works' talks about 'work' and includes 'all incidental work, services and...
View ArticleAnswered: NEC ECC: Failed welds - whose liability?
Firstly, the Client is not responsible for acceptance under the contract which is the role of the Project Manager. It is not clear from what you have said whether the British Standard requirement...
View ArticleAnswered: NEC ECS: Option A Compensation Event Assessment
Firstly, the Contractor should show the effects of the compensation event and show its effects (if any) on the "planned Completion" milestone. If this effect is agreed, the amount that planned...
View ArticleNEC ECS: Option B - Does PWDD include value of unimplemented Compensation...
Am I correct in stating that the "estimated" cost of unimplemented compensation events should not be included in a Contractors' assessment of the amount due to the subcontractor? The PWDD under...
View ArticleAnswered: NEC ECS: Option B - Does PWDD include value of unimplemented...
Yes that is correct. The PWDD relates to work completed in the BoQ. A compensation event assesses changes to the Prices (63.1) Assessments for changed Prices are in the form of changes to the BoQ...
View ArticleAnswered: NEC ECC: Option X5 and X7 - Sectional Completion
No - the rules around Sectional Completion are the same as Completion Date i.e. only agreed acceleration can ever bring forward a sectional Completion Date and an implemented compensation event move it...
View ArticleAnswered: NEC ECC: Option A correct fee % application
Firstly, I am a little confused when you say "a required 3rd tier company" which implies they are a Subsubcontractor. However, I will proceed as if they are a Subcontractor - correct me if wrong. Go...
View ArticleNEC ECSC: Design liability under Short Subcontract
We are engaging a scaffolding company under the short subcontract for assembly and hire of temporary works, the design of which has been let under a separate purchase order with different T&C's....
View ArticleAnswered: NEC ECC: Option A- Accepting subcontractors
Appointing a Subcontractor without prior acceptance is not a Defect as it's not "a part of the works not in accordance with the Works Information" as required by clause 11.2(5). If the base course is...
View ArticleAnswered: NEC ECC: Option A - Zero Defects
Michael is absolutely correct here, Completion should not have been certified with 4000 Defects and the PM is in breach of contract for doing so. Maybe the Employer should consider recovering their...
View ArticleNEC ECC: Option A - Clause 34.1, who pays for the management costs during the...
We are under a NEC3 ECC Contract Option A - The Employer has issued a stop notice under Clause 34.1 and referred to it as a De-scope. He has 13 weeks to advise us to re-start the works. Who pays for...
View ArticleNEC ECC: Do I have to credit management charges for cancelled scope due to...
The Employer cannot provide access to site, so to mitigate his liability, he has decided to Terminate the Contract. He is now asking for a credit for the works that would now not be installed, and also...
View ArticleNEC3 ECS: Option C - Compensation Event for a client delay
Event has occurred under NEC3 ECS Main Option C. An event had occurred during the construction phase of the project, which stopped all works for approximately 10 months before the works resumed. It was...
View ArticleAnswered: NEC ECC: Do I have to credit management charges for cancelled scope...
The standard termination provisions are set out in Section 9. From your comments it appears that the Employer has terminated for a reason other than R1 to R21. Was this stated on the termination...
View ArticleAnswered: NEC3 ECS: Option C - Compensation Event for a client delay
I have assumed the reason for the stoppage was not due to a default of the Subcontractor, you don’t state this but it seems pretty obvious. That being the case the Contractor is incorrect to disallow...
View ArticleAnswered: NEC3 ECS: Option C - Compensation Event for a client delay
Would have been better if the Subcontractor had been given Contractor assumptions on which to base their quotation and allowing a forecast (and if necessary a series of forecasts as time moves on). It...
View ArticleAnswered: NEC ECS: Option b subcontract %
In answer to your questions : (1) Should contract data part 2 not include a section for pricing people rates? Yes, or at the very least a reference to a schedule where they are contained. You could...
View ArticleAnswered: NEC ECC: If the Project Manager accepts a Project programme and the...
Contract obligates that a Contractor shows a planned Completion milestone and a Completion Date milestone. If a Contractor is showing planned Completion beyond Completion Date, it means they are...
View ArticleAnswered: NEC ECC: Option A - Activity Schedule: Can a Client ask a...
No there is no where in the contract that expressly allows them to insist you change your activity schedule. The Contractor can propose to revise it under 54.2 and the Project Manager has to accept/not...
View Article