NEC3 ECC: Issuing Certificates
Clause 30 states that the Project Manager certifies completion. Similarly, clause 43 states that the Supervisor issues the Defects certificate. However, neither clause says who the certificate are...
View ArticleAnswered: NEC3 ECC: Issuing Certificates
I believe that the answer is in clause 13.6 which states The Project Manager issues his certificates to the Employer and the Contractor. The Supervisor issues his certificates to the Project Manager...
View ArticleNEC3 ECC: No Accepted Programme maintained
Subcontractor failed to maintain an accepted programme. An event occurred which is an Employers risk.(1 day) a) Is Contractor entitled to a CE. (Contractor has failed to submit revised programmes...
View ArticleAnswered: NEC3 ECC: Equipment subcontract under NEC3
If the plant hire agreement is on the basis of hourly, daily or weekly rates and the provider is not carrying any risk of performance then the hire is not a subcontract. In which case the plant is...
View ArticleAnswered: NEC3 ECC: Plant Operator Costs under the SOCC
I think SCC Clause 28 is of utmost importance in this situation. It states "Unless included in the hire rates , the cost of operatives is included in the cost of people." Therefore, because the plant...
View ArticleNEC3 ECC: Can Employer retract a "negative" CE
Employer issued instruction, CE was implemented. After a considerable time period had passed Contractor advised that the cannot execute the works and requested Employer remove it from their scope....
View ArticleAnswered: NEC3 ECC: An email was sent to the Employer stating that the...
Think I understand the question but will answer it with what could/should have happened: 1) Contractor raises early warning to state that they believe some of the Employers equipment may not be...
View ArticleAnswered: NEC3 ECC: Clause 80.1 - Employer's Risks: Claims etc as unavoidable...
Clause 83 Indemnity is relevant to this, whereby the Contractor presumably believes that it is an inevitable result of doing the work as per the Employer's Works Information and therefore all the...
View ArticleAnswered: NEC3 ECC: What if the Contractor did not follow a procurement...
It depends a little on the wording of the procurement procedure within the Works Information. If it was an express provision to follow a certain process then possibly, but it is unlikely to be so...
View ArticleAnswered: NEC3 ECC: Can you claim for delay costs in a CE if you are paid on...
The more interesting question here is why are you basing your CE upon actuals? 63.1 defines how the CE should be assessed and the switch point for when forecast cost should be used rather than actual....
View ArticleNEC3 ECC: Defect that causes no impact
Equipment fabricated off site by supplier which was later found to be out of tolerance by 10mm to the W.I. The surface of the defect is less than 1% of the overall area of the equipment and the impact...
View ArticleNEC3 ECC - Option D : Post-Audit of Defined Cost
Under the NEC3 Option D, the Contractor is not required to obtain PM's approval with regard to all procurement for supply of materials and lease of equipment (heavy and minor). Our accounting section...
View ArticleNEC3 TSC Option A and X19 Secondary Option
Hi, 1. I’m working under NEC3 TSC Option A with Secondary Option X19. Inclusive of X19 is X19.10 [Compensation Events]. Does this supersede the main compensation event provisions within Option A or...
View ArticleNEC3 ECC: No Accepted Programme maintained
Subcontractor failed to maintain an accepted programme. An event occurred which is an Employers risk.(1 day) a) Is Contractor entitled to a CE. (Contractor has failed to submit revised programmes...
View ArticleNEC3 ECC: Can the Contractor submit a revised Programme without terminal float?
We are currently engaged in in ECC Option D Contract. Contractor's latest accepted Programme was with terminal float of 31 days. Then defects to Permanent works was observed which consequently delays...
View ArticleNEC3 ECC: Is the Employer entitled not to pay the Contractor amounts which is...
If the Contractor selects a bid which amount is higher than open market price and the Project Manager thinks that price of the bid was not competitively tendered because the selected bid was the...
View ArticleAnswered: NEC3 ECC: Construction Act Payment Notice & Payless Notice
Based on the standard provisions, if the subcontractor was obliged by the subcontract to submit an application and did so within the prescribed timelines then the application becomes the Default...
View ArticleAnswered: NEC3 ECSC: Is an NEC Short Contract suitable for only a day or...
You could use it and it wouldn't be inappropriate but, it is probably overly sophisticated for what is required for a couple of days of work. It really therefore depends on the nature of the work...
View ArticleAnswered: NEC3 ECC: People in the working area
Building on Rob's answer, you use the word 'proof' which is a strong word to use and implies a requirement to prove 'beyond reasonable doubt' which is the level of proof needed to fid someone guilty...
View ArticleAnswered: NEC3 ECC: Clause 63.13 under Option B
As I understand 63.13 it provides the mechanism to record the CE. You still use the forecast of Defined Cost but, having done that, 63.13 provides that the result is pushed back into, or recorded in,...
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