Answered: NEC ECS subcontract 2013 Option A - Clause amendments to 61.4, 64.4...
You are absolutely right in trying to resist this amendment from your Contractor. To take away the mechanism for you to be able to do something if they do not follow the CE process is very poor. The...
View ArticleAnswered: NEC ECC: Nominated sub-contractor in Works Information
The biggest point/issue is that the Contractor would have to price the risk of that nominated Subcontractor not performing, because even though these have been nominated by the Client there is no where...
View ArticleNEC ECC: Accepting the correction of a Defect
What is the standard practice of accepting the correction of a Defect under the NEC? Under the contract the Supervisor issues a Defect Certificate as per clause 43.3 at the end of last defect...
View ArticleNEC ECS: Correcting a defect we know the end Client has accepted
We are a Subcontractor under an NEC3 Option C. We have been asked by the Contractor to provide a quotation indicating the time/cost saving for accepting a Defect. We are aware that the ultimate client...
View ArticleAnswered: NEC PSC - Not delivered full scope
If for some reason they can not provide all of the Scope that they were due to provide, then you should give them (have given them) an instruction to not do that element of work. Yes this would then be...
View ArticleAnswered: NEC ECS: Correcting a defect we know the end Client has accepted
They can (sort of) but it's not through the compensation event procedure, but thought clause 44, where you make an offer which if the PM accepts on the Employer's behalf reduces the Prices &/or...
View ArticleAnswered: NEC ECC: Accepting the correction of a Defect
I am not sure if there is a 'standard' practice, but NEC3 ECC clause 40.3 (NEC4 41.1) says "The Contractor and the Supervisor each notifies the other of each of his tests and inspections before it...
View ArticleNEC ECC: ECI (NEC3) for an Option A main Works
Dear Team members, some assistance / your thoughts please, regarding the ECI (NEC3) and a proposed main works contract of NEC3 (Option A). I've got a preferred contractor that's signed up to the NEC3...
View ArticleAnswered: NEC ECC: Proposed alternative piling method takes longer that what...
I believe this is an exam question for the NEC Project Manager accreditation.
View ArticleAnswered: NEC ECC: Would it be a CE if the employer had excluded bullet point...
As stated already this is the ECSC not the ECC. If the 3rd bullet point under 92.1 is stated as 'not used' then any amounts retained at the time of termination would not be included in an assessment of...
View ArticleNEC ECC & TSC: Terminology difference for Options A&C between ECC and TSC
Hi - I’m new to this forum and very new to NEC Contracts, so please forgive me if this is a silly question. I have noticed that under ECC that Options A and C use the term “Activity Schedule”, however...
View ArticleNEC ECS: Subcontract Working Area Differs from Head Contract
On an Option E Contract, the Employer has disallowed cost from our Subcontractor for working outside of the working area stated within the head contract. The Subcontractor has listed their premises as...
View ArticleNEC ECC; Management of latent Defects?
Under the NEC3 ECC Option A, since the Defects Certificate has been issued by the Supervisor, a roof leak has occurred. What now is the process for notification, correction, inspection, etc.? To...
View ArticleAnswered: NEC ECC & TSC: Terminology difference for Options A&C between ECC...
Under the TSC, the Price List operates as both an activity schedule and a bill of quantities, depending on which method best describes a particular element of the scope of work. This means that it...
View ArticleAnswered: NEC ECS: Subcontract Working Area Differs from Head Contract
The Subcontractor does not have to be working in the 'head contract' Working Areas for their cost to be treated as Defined Cost. Depending upon which main option applies to the Subcontract also decides...
View ArticleAnswered: NEC ECC; Management of latent Defects?
This comes under the heading of 'latent defects' for which there is no contractual procedure as the contract has now been delivered and reached a natural conclusion. So, (as non-lawyer so might not use...
View ArticleNEC TSC: Non-Standard Price List Items
For Options A & C under TSC (when Task Orders are used), is my understanding correct that the Service Manager (or appropriate delegate) would be responsible for specifying the Price List Items...
View ArticleAnswered: NEC4 ECS Option C - Subsubcontracting
Taking your words literally, it would not be subcontracting if it was allocating work to the a different part of the same legal entity ... it would legally being doing the work itself. However, I think...
View ArticleNEC ECC: Is damaged equipment a disallowed cost?
Where the Contractor has received charges for equipment damaged equipment from the supplier, are these charges “defined cost” or are they disallowance by the Project Manager? The contract defines...
View ArticleNEC3 ECC: Option C - The meaning of "Directly Employed" under People in SOCC
According to SOCC, the cost of people who are directly employed by the Contractor can be classified as the Defined Cost. This is indisputable. However, the Contractor is formed by "an Unincorporated...
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