Answered: NEC ECC: Liability for item that may or may not be a weather event...
See this answer : https://reachback.builtintelligence.com/17805/contractor-entitled-payment-remedial-works-expenses-contract Asking it again, does not change the answer !
View ArticleAnswered: NEC ECC: Option A/C Contractor wording Employer Works Information...
Works Information is a defined term and; - specifies and describes the works or - states any constraints on how the Contractor Provides the Works Essentially this means that you tell the Contractor...
View ArticleAnswered: NEC ECS: Agreed reduction for early payment
Jon is right - but given this is likely to be for a very small amount then you would like to think you can both find a way just by mutual agreement. You could by agreement make it fit a negative CE, or...
View ArticleAnswered: NEC ECC: Is the Contractor able to refer to a dispute?
Yes, the Contractor can : that is what the dispute procedures are there for ! Do note that implied within clause 60.1 (8) is the ability for the Project Manager to change a decision previously...
View ArticleAnswered: Is this legitimate cost under the contract and should it be paid?
By the 'Project Team', I assume you mean the Client and Contractor teams. So firstly, the Client's team should not be counted as Defined Cost as they are not employed by the Contractor as per the...
View ArticleAnswered: NEC3 ECC: Main contractor not supplying a revised program or dates,...
It very much depends on what main option of the ECC (or ECS?) you are working under as to whether you are entitled to any additional payment. By the sounds of things, the Contractor is advising that...
View ArticleNEC ECC: Liability for item that may or may not be a weather event or CE?
NEC option A contract. Traditional contract no contractor design. Contractor builds road and batters either side in accordance with the Works information. The Works have been given technical approval...
View ArticleAnswered: NEC ECC: Instruction to stop as a result of a risk the Contractor owns
Don't forget whilst an instruction to stop work is a compensation event, you would not notify it as being a compensation event. If the Contractor notifies that it is a compensation event, the PM can...
View ArticleAnswered: NEC AC: What are the limitations of using the NEC4 Alliance...
In many ways the NEC4 ALC contract is designed to be even more collaborative than other forms of contract, as it is based upon a different contractual arrangement whereby the main parties to the...
View ArticleNEC PSC: Expenses recovered through audit and actual costs?
On dealing with expenses under PSC option E, only those set out in the optional statements are recoverable?, anything else is deemed part of the staff rates? Is the payment of expenses at the rates in...
View ArticleNEC PSC: Option E staff rates
Aside from the named Key People, the staff rates were included as categories/ roles due to the services being carried out by a larger number of staff. No CVs were issued for those people (or requested)...
View ArticleAnswered: NEC 4 ECC : Option A - quotation from an early warning?
The very fact that a quotation is being requested suggests that this is a compensation event (or why ask for a quotation). That is why using one of these on line administration tools (e.g. FastDraft)...
View ArticleAnswered: NEC ECC: Option C Risk in CE quotes.
A fixed percentage for risk does not generally work. If you are installing a new pipe run - the risk will vary depending on if it is in shallow ground or deep ground, or being dug in summer or winter....
View ArticleAnswered: NEC ECC: When does 'pro active risk mitigation' become 'change'
It depends on how you communicated your idea. If you suggested the alternative method, then it is up to the Contractor to decide on how to manage that risk. If you INSTRUCTED as the Project Manager to...
View ArticleAnswered: NEC ECS: Period For Reply in CD vs Timescales within Clause 60
Clause 13.3 states; 'If this subcontract requires the Contractor or Subcontractor to reply to a communication, unless otherwise stated in this subcontract, he replies within the period for reply'....
View ArticleAnswered: NEC PSC: Expenses recovered through audit and actual costs?
The expenses set out in Contract Data Parts 1 and 2 determine 'what' expenses are recoverable, including the amounts, where applicable, such as mileage allowance for travel by car. When you say 'rates...
View ArticleNEC ECC: Clause 34.1 stop any work
Can a PM instruction under Cl. 34.1 be given which relates to a specific area or element of work? I get that this is somewhat basic but just wanted to check! Secondly, if on an option C contract a PM...
View ArticleAnswered: NEC ECC: Clause 34.1 stop any work
An instruction can apply to 'any work' although this is not defined, presumably so as not to limit the scope of what can be instructed If under a main option C (or D or E), then, depending upon what...
View ArticleAnswered: NEC4 ECC: Reviewing a delay due to CE - when should the delay be...
It should be applied at the point it will be applicable. If you are going to deny access for 14 weeks which will delay the remaining works the CE would be for the next 14 weeks moving out the original...
View ArticleAnswered: NEC ECC: Clause 45.2 - non access to correct defect
The clue is in the words in this clause 45.2 as opposed to 45.1 I.e. "the cost to the CONTRACTOR of correcting the Defect" where as in 45.1, it is the cost to the Employer. So you should demonstrate...
View Article