Answered: NEC ECC: Bespoke Schedule of Cost Components used - What Fee's can...
It is difficult to provide a direct answer as you say the contract has been amended although it is not clear exactly what has been amended. The Contract Data Part 1 should state what main option is...
View ArticleAnswered: NEC ECC: ECI (NEC3) for an Option A main Works
NEC's ECI clauses are primarily designed to be used where there is: uncertainty about the scope; a requirement for significant collaboration amongst stakeholders; a need for joint ownership of risk and...
View ArticleNEC ECS: Compensation Event on Period of Delay
NEC3 ECS Option A Subcontractor is currently undertaking Compensation Event works (Activity A) in an area that bottlenecks the critical path. The works were expected to have been completed on the 27th...
View ArticleAnswered: NEC ECC: What is included in 'buying & leasing land' within...
An interesting issue, but whether or not you could define a building as a structure which 'forms part of the land', (borrowing a term from the Construction Act), I think the problem is that item 43...
View ArticleAnswered: NEC ECC: Can a Contractor instruct the removal of an Employer's...
The CDM 2015 Regulations are a statutory requirement, which obliges the Principal Contractor to fulfil their role in a manner that secures the health and safety of any person affected by the project....
View ArticleNEC ECC: Who sets up the adjudicators contract?
If we are going to end up in adjudication, who (as in Client or Contractor) actually sets up the adjudicators contract? Who physically sets up the documents, who gets them to sign it etc?
View ArticleNEC ECC: Option B - Defined Cost for CE Assessment
I am involved in assessing CE quotations under an ECC Option B contract and the Contractor has submitted "old fashioned" time related prelim charges such as Director, QS, Contracts Manager etc. I have...
View ArticleAnswered: NEC ECC: Takeover on Sectional Completion
Where you have secondary option X5 and Sectional Completion Dates, whenever the contract makes reference to Completion or Completion Date, then this applies equally to the Sectional Completion Dates....
View ArticleAnswered: NEC ECC: Option A - Assessing multiple small compensation events
Under NEC3 ECC clause option A clause 63.14, rates and lump sums can be used to assess compensation events, BUT only by agreement with the Contractor. I.e. the default is to use change in Defined Costs...
View ArticleAnswered: NEC ECC: Can an Employer trigger adjudication
Is there actually a dispute ('any difference') if the Contractor has not formally disputed the matter? Consequently, what would the Adjudicator actually decide upon? Once a CE has been implemented...
View ArticleNEC3 Option A - Working Area and defined cost of design.
We are using a NEC3 Option A, and have Hourly rates for defined cost of design outside the working area, which details various staff titles from our designer. When we are quoting a CE, we use these...
View ArticleNEC ECC: Option A - Contract Data Part 2
How do we recover Designers time when their rates are not included within our CD2 ?
View ArticleNEC ECC: Option B tender return 10 months ago – Employer only just signed the...
Political issues delayed award to the Contractor but mutual agreement between Employer and Contractor to hold off on signing the contract. During the Pre-Start meeting, the Contractor has raised the...
View ArticleNEC ECS: Option B - pricing up new works on day rate
We have a BoQ in the subcontract where one type of marker post is missing. We have asked to price up the missing posts and subcontractor priced it all up using subcontract day rates (labour, plant and...
View ArticleNEC ECS: Option B labour rates including and excluding travel/subsistence
Our subcontractor applies travel/subsistence labour rates every time we ask them to do some additional work. Also, when the rate excluding travel/subsistence can be used, as it seems this is never a...
View ArticleAnswered: NEC ECC: Option B tender return 10 months ago – Employer only just...
I suggest that you consider if a CE has occurred under 60.1(2) in that access was not allowed, presuming there was a date(s) in the Contract Data.
View ArticleAnswered: NEC ECS: Option B - pricing up new works on day rate
If it is a bill omission then the subcontractor is within its rights to request a CE under 60.6 for correction of the BoQ. Since it is a CE the default assessment is Defined Cost + Fee. The assessment...
View ArticleAnswered: NEC ECS: Compensation Event on Period of Delay
The delay is assessed as the length of time that the compensation event delays planned Completion, which is assessed using the Accepted Programme. Where the Accepted Programme is 'out of date' then...
View ArticleAnswered: NEC ECC: Option B - Defined Cost for CE Assessment
The cost is assessed using the SSOCC, which, as you rightly say, requires People to be in the Working Areas, whether directly or not directly employed, for their cost to be treated as Defined Cost....
View ArticleAnswered: NEC ECC - Timescales for Contractors CE quotations and Project...
As you say the contract is clear that the Project Manager assesses if the Contractor has not submitted a quotation within the timescales. However, if they haven't, there is no harm in the Contractor...
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