NEC4 ECC: CE quotation preparation
Can the Contractor on an ECC Option B NEC4 contract include within the CEQ’s, quotation preparation costs for several of its staff; when some of these people within the quotes are based onsite?
View ArticleNEC ECC: Option C contract - change to Scope
The Contractor has been appointed on an NEC4 ECC Option C contract where the works are design by the Client. The Project Manager instructs the Contractor to stop work on a part of the works because the...
View ArticleAnswered: NEC ECC: Option B - Clause 60.4 and BoQ to WI quantity difference
Because there is an "and" as opposed to an "or" between the bullet points, you are correct that all three have to be invoked. When doing an estimating or compensation event course, I show how a...
View ArticleAnswered: NEC4 ECC: CE quotation preparation
Under NEC3, I would say strictly speaking 'No' as the cost of preparing quotations was specifically excluded from Defined Costs for options A & B. Under NEC4, this exclusion has disappeared and I...
View ArticleAnswered: NEC ECC: Contractor is not replacing a key person
Interesting one. You would like to think that being option C the Contractor is coming up with the most effective way of managing the project which will benefit both Parties and maximise both Parties...
View ArticleAnswered: NEC ECS: What is the purpose of naming the Employer/Client and...
General Information.
View ArticleNEC ECC: Assessing CE delays against our own delays
A compensation event was notified in May, but due to getting authorisation etc... it will not be started until August. Our last accepted programme was in April. In that time we have suffered our own...
View ArticleAnswered: NEC ECC: Should the Supervisor notify the PM prior to any search of...
Really good question. The practical answer is that you would like to think they are talking to each other as they both are working for the Employer/Client. If they are using one of these on line...
View ArticleAnswered: NEC ECC: CE quotation includes for insurance
No, they can't. The provisions related to payment of insurances are very similar in both the Shorter and normal Schedule of Cost Components (see section 7), but both start with "The following are...
View ArticleAnswered: NEC4 ECC - X22 Proposals for Stage 2
No, because: - the changes to the Accepted Programme can cover a multitude of things mainly, I would argue from the Contractor having had time to look in detail at stuff in Stage 1. That changes...
View ArticleAnswered: NEC ECS: How are incurred costs recoverable due to subcontractor fault
Hi, Not sure I agree with Jon here. First, you cannot take work out of a package of contracted work to give it to someone else, for any reason, unless there is a precise and explicit agreement to do...
View ArticleAnswered: NEC PSC Time Charge - Removal of Scope item not yet started
It is a feature of NEC contracts that the starting point for the evaluation of compensation events is cost rather than rates and prices, even where the contract is one based on rates and prices. So,...
View ArticleAnswered: Employer instructed inclusion of TRA
Firstly, I have no idea what you mean by "the nutshell answer" ! Assuming this is for original work, as the Contractor owns both the TRA and terminal float, in terms of calculating delays due to...
View ArticleAnswered: NEC3 ECC: Can the Employer use the works past the Completion Date...
It could be a compensation event under 60.1 (5), but the circumstances would have to much the bullet points in in 60.1 (5). There is not enough detail in your question to answer this, but use of the...
View ArticleAnswered: NEC3 ECS: Damages to be levied
It would appear that the Contractor has changed the standard entry in the Contract Data to say damages are charged at a weekly rate. All other things being equal, as the Contractor has created the...
View ArticleAnswered: NEC3 ECC - Option B - CESMM Filling v Backfilling Payment Working...
the issue of excavating and backfilling work space is a matter for the Contractor to consider and include within its rates. If it is clear that imported material will be required then that should have...
View ArticleAnswered: NEC3: Should you Implement 2 Contract Datas with one Form of Tender
sounds messy, there should be one Contract Data, Part 1 completed by the Employer, Part 2 completed by the Contractor
View ArticleNEC ECC: Use of rates and lump sums to assess a compensation event
A Contractor has submitted a quotation for a CE using rates from the BQ. The contract is an NEC3 ECC Option B. The PM has not disagreed to the use of rates. The quantity is incorrect and we have...
View ArticleAnswered: NEC ECS: Not received signed option A subcontract
You are both in contract when both Parties start acting as if you are in contract: the problem comes if the written draft contract has been going back & forth between the Parties and it is unclear...
View ArticleAnswered: NEC ECC: Where in option C can I establish who holds responsibility...
The clause 21.1 of both NEC3 and NEC4 ECC makes it absolutely clear that it has to be clearly stated in the Works Information/Scope what elements of the design Contractor is to do. This would be...
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