Answered: NEC3 ECC: Option C - The meaning of "Directly Employed" under...
Each company that comprises the Joint Venture will have presumably been named as the party and required to execute the contract. Â Consequently each company is effectively a party to the contract and...
View ArticleAnswered: NEC ECC: Is damaged equipment a disallowed cost?
In the insurance table at clause 84 the Contractor is required to provide insurance against loss of or damage to the works, Plant and Materials until take over and Equipment until the Defects...
View ArticleAnswered: NEC TSC: Non-Standard Price List Items
Option X19 of the NEC3 TSC merely requires the Service Manager to consult the Contractor about the contents of a Task Order before it is issued (clause X19.2), once it is issued it is an instruction to...
View ArticleNEC4 ECC: Appendix 5 Example tender assessment sheet
In nec4 volume 3, selecting a supplier, the example tender assessment sheet, has slightly changed from that previously in nec3 guidance notes Appendix 4. The nec 4 example now shows Fee being...
View ArticleAnswered: HMEP variant of NEC3 TSC?
You will probably have more luck with this request by posting it on the BuiltIntelligence LinkedIn forum which has lots more members.
View ArticleAnswered: NEC ECC: How does the PM manage a contract where the Contractor...
You should direct them to clause 27.3 which requires the Contractor to obey instructions, however you haven't mentioned the nature of the instructions, so the Contractor might be entitled to ignore...
View ArticleAnswered: NEC TSC - How does X1 adjustment for inflation work with CE's?
Under a main option A, the Prices ('Contract Sum') is determined by totaling all the extended amounts in the Price List. Â This is prepared and priced reflecting the base date stated in Contract Data...
View ArticleNEC ECS: Option A - Add & Omit resulting Negative CE and Fee % is resulting...
Can you give back something you never had in the first place? Item 1 at £50k: Included in tender with agreed tender fee of 5% Compensation Event: Omit Item 1 at 50K using SSCC with Sub-subcon fee...
View ArticleAnswered: NEC ECC: Does an early warning warrant some kind of response?
You have slightly confused two different processes here. If you had reason to believe they might not be providing enough material, you could have notified an early warning. That should have prompted a...
View ArticleAnswered: NEC ECS: Option A - Add & Omit resulting Negative CE and Fee % is...
I think - and I stress 'think' - your overall logic is correct and 'Yes' it is potentially unfair if the prices that you have out forward in your Activity Schedule at tender do not approximately equal...
View ArticleNEC ECC - what are the correct procedures for the Employer to claim under...
How does the Employer claim for consequential loss and damage to property under Clause X18 NEC3. 1. Our thoughts are - via, PM notification, PMA & CE or - claim direct from certificate, like Delay...
View ArticleAnswered: NEC ECC: Option C - the cost of providing a performance bond to the...
The payment assessment amount is essentially based on the Price for Work Done to Date, which under main option C comprises (forecast) Defined Cost plus Fee. Defined Cost (under NEC3) is the cost of...
View ArticleNEC ECC: Bespoke Schedule of Cost Components used - What Fee's can I apply?
I have a query regarding an Option A contract (poorly written as it has elements of Option C within it). CD Part II states the Direct Fee, Subcontracted Fee, People Overhead % and Working Area Overhead...
View ArticleAnswered: NEC4 ECC: Appendix 5 Example tender assessment sheet
The NEC4 example makes the appropriate adjustments as there is now no People Overhead, Design overhead and only a single Fee applied. It does look, however, like the calculation for item 4 should be A...
View ArticleNEC3 ECSC - Cancellation Charges and Stand Down
Contract: NEC3 ECSC - Option A Issue: Late cancellation of works on site. We have a situation where a small subcontractor was booked in to carry out a scope of civil works for 6 weeks. 1 week...
View ArticleAnswered: NEC3 ECSC - Cancellation Charges and Stand Down
I presume you are referring to the Engineering and Construction Subcontract (ECS) and NOT the Engineering and Construction Short Contract (ECSC), as you mention main Option A.. This situation looks...
View ArticleAnswered: NEC ECC: Disagreement on Contractor Design
From what you say, unless there is a general statement in the Works Information along the lines of "any outstanding design not in this Works Information is to be completed by the Contractor" then, from...
View ArticleNEC3 ECS: Option A termination
We have been in contract for nearly 2 years with our Contractor under NEC3 option A ECS. the project dates etc where pretty much out of date within 2 months of signing the contract to which we have...
View ArticleAnswered: NEC ECC - what are the correct procedures for the Employer to claim...
Secondary Option X18 doesn't actually contain any procedures as such and essentially provides liability limits for the events detailed, with the corresponding amounts entered in Contract Data Part 1....
View ArticleAnswered: NEC3 ECS: Option A termination
The place to look is section 9 of the subcontract, with reasons R16, R19 and R20 POTENTIALLY being reasons. However, I cannot stress enough that you need to be very sure of your reasons for terminating...
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