Answered: NEC ECC: Option A - Clause 34.1, who pays for the management costs...
This would be a compensation event and any costs incurred as a result of this instruction to stop and then to restart or subsequently have the works de-scoped would be assessed as part of the...
View ArticleAnswered: NEC ECC: Option A - Clause 34.1, who pays for the management costs...
You haven't explained why the de-scope is happening which does have a bearing on the answer, non-the-less the clause 34.1 instruction is a compensation event under clause 60.1(4) unless the reason for...
View ArticleNEC TSC: Service Manager ability to remove an employee under Option A?
Under the NEC3 TSC Option A Clause 24.2 the Service Manager can instruct the Contractor to remove an employee. What is the definition of employee? and can this removal be done at no cost to the...
View ArticleNEC ECS: Is main Contractor contracharge against a Subcontractor's CE on...
As a subcontractor working under NEC3 subcontract we were asked to provide a quote to get a previously approved specialist supplier to carry out works as a CE to our main subcontract which our main...
View ArticleAnswered: NEC TSC: Service Manager ability to remove an employee under Option A?
For a legal definition of an employee, you would need to take advice outside of this group. The removal can be done for whatever reason the Service Manager wants providing he or she states the reason...
View ArticleNEC ECC: We have a NEC3 ECC Option A contract and the contractor has put a...
the main contractor quotation consists of sub sub contractor cost plus fee subcontractors cost plus fee and the then main contractors subcontractors fee is added
View ArticleNEC ECS: Option B - Payment For Prolongation
I have been drafted into a contract where the client has agreed a number of delay claims. The Sub-contractor has submitted a CE which has been priced retrospectively for the delay which is agreed as...
View ArticleNEC ECS: Option A Subcontract CE Quotation
We are the Contractor and have a Subcontractor under NEC3 ECC Option A Subcontract. We have delayed access by 3 weeks and the Subcontractor has provided a quotation for 3 weeks delay plus increased...
View ArticleAnswered: NEC ECC: CE Quotation - Level of detail
Sorry (as this is not the answer you want) but this is not correct. Activity Schedule rates can be used but only by agreement (i.e. if both Parties agree). The activity schedule rates are not the...
View ArticleAnswered: NEC ECSC: Design liability under Short Subcontract
The ECSS is not intended to be used for the hire of temporary works and it doesn't deal with design liability at all so I'm not convinced you are using the right contract and without amendment with...
View ArticleAnswered: NEC ECC: Option C working areas
A compensation event is not the contractual route to go. Rather, under both NEC3 & NEC4, the 1 day a week within the Working Areas is allowed for under the 2nd bullet of People 1 in the Schedule...
View ArticleAnswered: NEC ECC: Payment of Defined Cost to the Next Assessment Date
I am assuming you are referring to the ECS form rather than ECC as you mention Contractor and Subcontractor, although the principle is the same for both. Under NEC3 the Contractor assesses the amount...
View ArticleAnswered: NEC ECS: Additional terms associated with key people
These are Z clause amendments and you should look at your amendments to see how these will be applied. Slightly strange they are in data part 2, I would have expected them to state in data part 1 how...
View ArticleAnswered: NEC ECC: 31.3 – Programme Acceptance - level of detail
Difficult one to answer. The contract does not specifically dictate what is a reasonable level of detail - it just says you have to show the order and timing of the works. You should want it to a...
View ArticleNEC ECC: Contract Data Part 2 - How do we respond with more than a Single Fee
Working under an NEC4 ECC contract, the Contractor is submitting their Contract Data Part 2 in response to the CD1 and ITT. There are several Subcontract packages as is normal. There is also a...
View ArticleNEC ECC: Access dates not included in contract data
1. Our work is in two sections. 2. The first section is 25 weeks with 5 weeks float. 3. The duration's and access dates for the second section is down in the contact to be agreed later. 4....
View ArticleAnswered: NEC ECC: Access dates not included in contract data
It looks like you are referring to the NEC ECS (Contractor accepting CEs) but the comments apply to both the ECS and ECC forms. Firstly as access is stated to be 'agreed later' then I can only assume...
View ArticleNEC ECC: Is the Contractor entitled to a compensation event for an...
Under option A, the Scope prepared by the Client specifies an escalator with a required performance, but the Contractor can buy an alternative (not meet the required performance) at a lower cost. The...
View ArticleNEC ECC: Contractor failing to provide as detailed in the WI
Involved in a NEC3 Option C contract. Where the Works Information details provision being made by the Contractor e.g. a permanent site compound being provided from a certain date post the starting...
View ArticleAnswered: NEC ECC: Contract Data Part 2 - How do we respond with more than a...
If you want to have multiple fees then you need to amend the relevant clause(s) in the contract using Z clauses, for example you would need to amend the definition of the term Fee. I agree with Kevin,...
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