NEC PSC Option C Time Charge
If the Consultant does not have a staff rate in the contract data for a member of staff whom worked on the project  but does have a category say for 'engineer' - is the Consultant automatically...
View ArticleAnswered: NEC ECC: Defect not spotted immediately
Sorry but it is your obligation to provide the works in accordance with the Works Information. You are obliged to correct your defects. The fact it will cost you a lot more to correct is still your...
View ArticleNEC ECC: Option A - Assessment of Delay Event and Related Costs
We often have delays under our NEC3 A/C contracts for which there is often difference of opinion on how the delays are assessed and priced. Recent example; Employer delay restricting access to main...
View ArticleNEC ECC: Option B compensation event pricing
When pricing a CE in Option B, if existing rates from the BoQ are used to value the CE should the direct fee % be added to the valuation?
View ArticleNEC ECC: Payment for Works Information Preliminary Deliverables
NEC ECC Option A. My question relates to the assessment and therefore payment for defective works requested by the Works Information such as: a) issuing a programme every 3 weeks, b) progress reports...
View ArticleAnswered: NEC ECC: Option A - Assessment of Delay Event and Related Costs
You haven't actually asked a question, but am I reading it right that you are asking how to resolve differences of opinion in programming delays ? If so, as a Contractor, it is your programme, so make...
View ArticleAnswered: NEC ECC: Option B compensation event pricing
The contract says "If the Project Manager and Contractor agree, rates and lump sums may be sued to assess a compensation event". So, as a Contractor - which I am guessing is what you are - using...
View ArticleAnswered: NEC ECC: Payment for Works Information Preliminary Deliverables
You could quite rightly change the Works Information so it is no longer required. That would, in all likelihood, be a negative compensation event. The assessment would be based on the time that you...
View ArticleAnswered: NEC PSC: Option E staff rates
I think the comment has sensibly answered your question. Just a further point to add, the definition of 'Time Charge' includes the words ' ... staff time appropriate to that rate .... ', with the...
View ArticleAnswered: NEC ECC: Sectional completion date for design with no delay damages
The only benefit that I can think of is that it highlights the importance of meeting the date. However, the drawback is that they categorically canNOT claim any damages for late delivery of design. If...
View ArticleAnswered: NEC ECC: Normal Place of Work
I sympathise with the points made here, but think the contract is clear on this, for the reasons you give. I.e. Under the second bullet point of People in the Schedule of Cost Components, if their...
View ArticleNEC ECC: Sectional completion date for design with no delay damages
I am managing a Contract for my client under option C, and they have included a sectional completion date for design in CD part 1, but have not allocated any delay damages against this item (noted as...
View ArticleAnswered: NEC ECC: Proposed Instruction and Direct Instruction
Yes pretty much has you have set out, under NEC3, however. Under scenario 1, step 4, the CE is implemented when the PM notifies the C of his assessment, not when he notifies of his intention to make an...
View ArticleAnswered: NEC3 Compensation Event 60.1 (13 ) Weather Measurement & Risk...
Wind is not a weather measurement UNLESS it is an extra one listed in contract data. The only weather measurements that do form part of the 1 in 10 events are rain (number of days and cumulative...
View ArticleAnswered: NEC ECC: Dual Defects Found from two different Contractors
You need to look at clause 83.1 and 83.2 which covers Indemnities. As far as you are concerned, the other Defect is the Employer's risk, but they have presumably passed it on in the same manner under...
View ArticleAnswered: NEC ECC: Option A PM failure to Accept a Programme / Respond within...
That is the problem with NEC3: what is the effect of the compensation event if the PM fails to respond in time ? And it is why in NEC4, they introduced the "treated as accepted provision" if the...
View ArticleAnswered: NEC ECC: What if a Subcontractor or their terms are NOT issued for...
Depends what option you are under : - under options A and B, very little if any additional risk apart from the Project Manager not having the chance today "I am aware that they did not perform that...
View ArticleAnswered: NEC3 ECC - Option A: Termination Cl 91.4 (R16)
Clause 91.4 is clear in that the right to terminate arises once the Employer does not pay an amount certified within 13 weeks of the date of the certificate. There is no qualification to say that this...
View ArticleNEC ECC: Would it be a CE if the employer had excluded bullet point 3 of...
Other than some preliminary site investigation (trial holes) the scheme never got underway, and after several months the employer decided to cancel for reason 5, however, clause 92.1 bullet point 3 is...
View ArticleAnswered: NEC ECS subcontract 2013 Option A - Clause amendments to 61.4, 64.4...
The amendments are removing the provision for a compensation event, the assessment of the compensation event and its implementation to default to agreed due to the Contractor not responding to the...
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