Answered: NEC ECC: What standing do Contractor tender qualifications or...
I agree with Jon, you are at a disadvantage. Depending on the extent of the issue you might want to consider taking legal advice on whether or not rectification could apply. If the client agrees then...
View ArticleAnswered: NEC ECC: Completing Contract Data Part 2 Part 6 of NEC4 Option B
As you are not in contract, you have no legal obligation to do this. However, not doing it might well impact on your competitiveness ! From the Client's point of view, they presumably want you to give...
View ArticleAnswered: NEC ECC: What people rates are to be used for weekend working?
First of all, whether it was or not a compensation event would depend on the wording of the instruction from the Project Manager and/or why it was instructed. E.g. if there was compensation event which...
View ArticleAnswered: NEC ECC: Can the cost of overseas flights be recovered under people...
By a strict interpretation of the contract, I think 'No' as these costs are not incurred "within the Working Areas" as per the last sentence of People in the Short Schedule of Cost Components.
View ArticleAnswered: NEC ECC: Accepted defects
No, it cannot be. Clause 14.1 of both NEC3 and NEC4 clearly states that acceptance of a communication from the Contractor by the Project Manager or Supervisor does not change the Contractor's liability...
View ArticleAnswered: NEC ECS: Option A Subcontract - Standing Time
This looks like prolongation of an operation on the programme, which is not on the 'critical path', and has resources allocated to it, whereby the compensation event uses 'programme float' or 'free...
View ArticleAnswered: NEC ECC: PM reducing duration's on last accepted programme to...
To answer your first question: the PM has no power to change the durations etc. in your Accepted Programme. He/she can only accept or not accept it and, if the latter, state the reasons. In assessing...
View ArticleAnswered: NEC ECC: Timing for acceptance of defects 44.1
Yes you would just need to give an instruction to change the Works Information to reflect what they have actually achieved, so that it is no longer a defect. Don't forget under clause 44 you could have...
View ArticleAnswered: NEC ECC: What exactly should be included within the fee?
As you say, there is no definition of what is included in the Fee apart from it's not Defined Cost. At a high level, it is: For options A & B: - profit, - head office overheads and - under NEC3, an...
View ArticleAnswered: NEC ECC: Omitting of works
From what you say - i.e. "The drawings are annexed to the Employers Work Specification which forms part of the Works Information." - these are part of the Works Information and therefore part of the...
View ArticleAnswered: NEC ECC: Option C - Expenses Disallowed
Only if they can prove at the time that you could have purchased a comparable flight at the time for £200 (and not a cheap one via Brussels and then Amsterdam before a third stop over in Paris)....
View ArticleAnswered: NEC ECC: Can CE's be issued by a Contractor or PM when the...
Yes of course. The initial delay may well be Contractor liability, but there could be a further delay that moves planned Completion by say two weeks. That means they can claim the cost of that two week...
View ArticleAnswered: NEC ECC: Cl 60.1(12) Physical Conditions & Utilities
This is probably one of the most contentious of the CE events, apart from deciding on the effects of a 'weather event' CE. NEC4 does not alter the wording under either clause 60.1 (12), 60.2 and 60.3,...
View ArticleAnswered: NEC 3 Option Clause 52.1
By a strict interpretation of this clause the answer is "yes" BUT it is on a like for like basis/ I.e. if the cheapest flight that they could get by Google is via a number of destinations &/or at...
View ArticleAnswered: NEC ECC: Deemed acceptance of CE Quotation outside of time period
You need to ask them what clause in the contract do they think means that a quote assessed and implemented late now means it can revisited. They wont be able to find one. Their only remedy if the PM is...
View ArticleAnswered: NEC ECC: Under Option B, how is Defined Cost applied to a...
First of all, what is the 'Client' doing evaluating compensation events ... it is the Employer under NEC3 and it is the Project Manager's job tone the impartial administrator of the contract. Putting...
View ArticleNEC ECC: Payless notices?
If as a Project Manager I do not agree with a payment application of £100k from Contractor but certify my assessment as £80k. That is then what I expect the Contractor to be invoicing. Do I have to...
View ArticleAnswered: NEC ECC: Payless notices?
As a Project Manager you are a 'specified person' under the 'Construction Act' and are required to give a notice (payment certificate) stating the amount considered due (to be paid) and the basis upon...
View ArticleAnswered: NEC ECC: Dealing with numerous low value CEs efficiently
1. PM states as a PM assumption when instructing a quotation for each and every one something like "Evaluate on the basis that there is no delay and disruption for this compensation event and, if there...
View ArticleAnswered: NEC ECC: Defects, Burden of Proof.
As this is a civil contract, you do not have to 'prove'. It is on 'the balance of probability'. So the Supervisor asserts from a broad brush inspection that the service run has become corroded due to...
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