NEC ECC: Option A Claim for Business Rates
A main Contractor is making a compensation event for the recovery of business rates charged by the council. The council have billed the contractor for business rates for the areas occupied by the...
View ArticleAnswered: NEC ECC: What happens if Project Manager fails to notify of their...
The payment mechanism under any 'construction contract' is governed by the provisions of the 'Construction Act' (Housing Grants Construction and Regeneration Act 1996 as amended by the Local Democracy...
View ArticleAnswered: NEC ECC: Is the cost of PPE, personalised shirts and fleeces paid...
The Schedule of Cost Components item 13 (h) is for 'protective clothing'. Â Although this is not defined it is generally considered to include a personal item of safety equipment worn by the individual...
View ArticleAnswered: NEC ECC: Option A Claim for Business Rates
Firstly, I am not sure why this would constitute a compensation event, as it looks like a normal charge which applies to most non-domestic property, including Contractor's site huts, etc The clause you...
View ArticleAnswered: NEC ECC: Defiinition of 'breach' or 'non performance'
I am not a lawyer, but here goes ... It could be, BUT the procedures for correcting a defect are stated in the contract in NEC3 ECC clause 43. Further, the remedy if the Contractor does  not correct a...
View ArticleAnswered: NEC ECC: Can you raise an Early Warning Notice when the event has...
An early warning is raising an issue which could affect (in simple terms) time, cost or quality. The intent is then this will allow the matter to be discussed and see if anything can be done to avoid...
View ArticleNEC ECC: People Defined Cost Rates
NEC3 ECC Option C We have Defined Cost rates per hour that have been agreed by the Client and used to calculate amounts due in payment applications. These hourly rates are based on a 50 hour working...
View ArticleAnswered: NEC PSC: Lack of Completion Date in CD part 1 and Part 2 - Is this...
The first question that hasn't been asked is how does either party sign up to a contract where they have both allowed this to happen with no identified Completion date? Should be pretty fundamental to...
View ArticleAnswered: NEC ECC: People Defined Cost Rates
The rates for People should be assessed by calculating the total 'cost to employ' (as defined by the Schedule of Cost Components) and then dividing this sum by the number of hours worked to give an...
View ArticleNEC TSC: Term Service Contract Target Price
Am I correct in my reading that under Option C of the Term Service Contract, the target mechanism has changed in NEC4 from NEC3? Am I correct in my interpretation that cl.11.2.28 reads the price list...
View ArticleAnswered: NEC ECC: Delay in Contract Award
If there is a delay to Contract Award - the effects of this should be agreed and ant dates revised accordingly BEFORE the contract is signed. Technically, this is not a compensation event as it is not...
View ArticleAnswered: NEC ECC: Can the Project Manager reject the Contractors design if...
The Project Manager can reject the design for any reason, but if it is not for a reason in the contract then this will become a compensation event under 60.1(9) and any rework in that design would be...
View ArticleAnswered: NEC ECC: People Defined Cost Rates
Just to add to Andrews answer - I am always pointing out to a PM that if a Contractor has to pay their operatives a shift when a CE only took two hours and there was nothing else they could have done...
View ArticleNEC PSC: Lack of Completion Date in CD part 1 and Part 2 - Is this an Issue?
Regarding an NEC3 2013 PSC Contract. Its the Start of a Contract. 1. The Employer has not used in CDpt1 Â the statement "The completion date for the whole of the services is..." 2. The Employer has used...
View ArticleAnswered: NEC TSC: Term Service Contract Target Price
The wording in NEC3 TSC option C clause 11.2(20) and NEC4 TSC option C clause 11.2(28) is exactly the same. It says in full "The Prices are the amounts stated in the Price column of the Price List....
View ArticleAnswered: NEC PSC: Can the Employer ask to see salary information as a back...
Unlike other NEC contracts, the NEC3 PSC does not concern itself with Defined Cost, it merely deals with Time Charge therefore the actual cost of the Consultant Providing the Service is irrelevant. If...
View ArticleAnswered: NEC ECC: What standing do Contractor tender qualifications or...
I think it would mainly depend on the contractual status of the document in which the assumptions are stated, so here is my tuppence (thinking as I write) : - if the exclusions are in the Contractor’s...
View ArticleAnswered: NEC ECC: Who sets up the adjudicators contract?
The contract is silent on who prepares the Adjudication Contract, it merely puts an obligation on the Parties (Employer and Contractor) to appoint the Adjudicator under the NEC Adjudicator's Contract.
View ArticleAnswered: NEC3 Option A - Working Area and defined cost of design.
There is no formal mechanism however if the person has done work in relation to a CE then you are entitled to be paid the Defined Cost for the work that was done. Although clauses 52.1 (Defined Cost...
View ArticleNEC ECC: Can the Project Manager reject the Contractors design if it meets...
We put in a design for a riverbank stabilisation project. The Scope did not specify the type of stabilisation to be used. As the scope was not specific, surely any design will meet the scope. Can the...
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