NEC ECS: Sub-contractor payment dates
(Furtehr to previous asked question) Yes this is NEC 3 and start date was 5th Aug 2019 with assessment interval stated as last Friday of the month. When I read cls 51.1 in the NEC sub contract it sates...
View ArticleNEC ECC: Quotations under NEC3 ECC - for subcontracted elements
I have been searching for literature where a detailed explanation of producing a quotation for a compensation event for Option B - ECC contract is used which also includes a portion of subcontracted...
View ArticleNEC ECC: Can access dates be introduced mid-contract?
Under an NEC3 standard Option A contract can new multiple access dates be introduced midway through the contract ? There was initially one access date for the site and there is now a proposal to split...
View ArticleAnswered: NEC ECC: Quotations under NEC3 ECC - for subcontracted elements
It has been a while since I last read it but have you tried the Managing Reality series Book 4: Managing Change, by Barry Trebes and Bronwyn Mitchell? Essentially you use the Shorter Schedule of Cost...
View ArticleAnswered: NEC ECS: Sub-contractor payment dates
The (payment) assessment date is the one that all other 'action' dates are determined by under NEC. There is no obligation under NEC3 for you to submit an application for payment, although the contract...
View ArticleNEC ECC: Entitlement to savings made by meeting the Target Contract Completion
I am involved with an Option C project where a target programme was set by the Main Contractor which was some 5 weeks shorter than the Contract Programme, we and other subcontractors completed their...
View ArticleAnswered: NEC ECC: Cost of Correcting Defect
Surely access is access, it's either been given or not. Clause 43.4 requires the Employer to give "access to and use of a part of the works" and it doesn't sound like they have, they have removed Plant...
View ArticleAnswered: NEC ECC: Entitlement to savings made by meeting the Target Contract...
As you are not in contract with the other Subcontractor, the answer is 'No' from the other Subcontractor. However, you may have some recourse from the main Contractor if they did not provide something...
View ArticleTarget Programme vs Contract Programme
I understand that we have no recourse to any other subcontractor as we have no contract with them, the issue relevant to the target programme. As a target programme it does not reflect the the...
View ArticleNEC ECC: At what point does the PM assess cost of correcting Defects under...
If the Employer chooses not to grant the Contractor access after Completion has been certified to correct a Defect as per clause 45.2, when should the Project Manager assess the cost to the Contractor...
View ArticleNEC ECC: Ambiguities and inconsistencies
NEC3 Option A with Z clauses, a Marine Contract to construct a harbour The tender specification included in the Works Information states that Harbour dues will not be levied on the contractor's craft,...
View ArticleAnswered: NEC ECC: Option C ambiguity in works information
This is an ambiguity created by the Contractor so this would be an instruction to change the Works Information that would NOT be a compensation event and hence Contractor risk. By accepting the design,...
View ArticleAnswered: NEC ECC: At what point does the PM assess cost of correcting...
As the 'breach' by the Employer has happened and as there are assessment dates up to the defects date, my opinion would be that the Employer should assess the cost more immediately. Applying a common...
View ArticleAnswered: NEC ECC: Ambiguities and inconsistencies
From what you have said, you could reasonably argue that there isn't an ambiguity in the Works Information because, if you read the documentation together, as you have pointed out, it is clear that...
View ArticleNEC ECC: Is a CE required on an ECC option E to substantiate a change in the...
I am the Contractor on an NEC ECC option E contract. 1: Does a change in the forecast from the previous forecast require a CE to do so? or; do you only include additional cost incurred in the latest...
View ArticleNEC ECC: Employers costs in correcting a defect - is that recoverable?
An Employer gets another Contractor to correct a defect after the original Contractor failed to do correct a defect within the defect correction period. Can the Employer include within the assessment...
View ArticleNEC ECC: Change in Client design due to unforseen ground conditions (which...
On a contract clause 60.1(12) has been deleted so unforeseen ground conditions is a Contractor risk. A Contractor encounters an unchartered service that means the Clients route of pipework can not be...
View ArticleAnswered: NEC ECC: Can you have a time-bar on a time-bar?
If a compensation event has been notified and the Project Manager's response is that the matter is not one of the compensation events stated under the contract then that effectively ends the procedure...
View ArticleAnswered: NEC ECC: When should X3 be used??
Secondary Option X3 is used for main option A and B (lump sum) contracts where the Contractor is to be paid in more than one currency. The last part of clause 51.1 makes reference to this with '...
View ArticleNEC ECC: When should X3 be used??
Can you give an example as to when X3 would be sensible to use, and example of what it shouldn't be used for?
View Article