Answered: NEC ECC: Audit of people costs as per the Option E SCC
This is option E so costs the Contractor incurs is what they should be entitled to pay. They are having to pay their staff if they are sick so one way or another they should be able to recover that...
View ArticleAnswered: NEC TSC: Intellectual property rights
This situation is not covered by the contract so contract law in terms of IP would apply. I stress I am not in any way an expert on this just vaguely knowledgeable. The first thing I would query was...
View ArticleAnswered: NEC ECC Option A: When does a PMI affect a C's design liability...
As I think you know from your text, this is going to be subjective. As you note, the level of liability is reduced to reasonable skill and care i.e. the process and knowledge applied, so ask the...
View ArticleAnswered: NEC ECC: Subsubcontractor Fee Percentage on Contractor quotation
Apologies for the delay in getting back on this. Strictly speaking by the contract, under NEC3 options A & B, it does not matter what Subcontractors and sub-subcontractors quote wrt works under a...
View ArticleNEC ECC: Reduction of Prelims under Option C?
Does the Client have the right to request the contractor reduces prelims (white collar staff) under the contract? The Prices (Target) was never broken down to great detail so there was no indication of...
View ArticleNEC ECC: Defective works
I am currently administering an NEC ECC Op. A contract procured via a traditional route with contractor design elements. I am in disagreement with the contractor over the status of a defect / claimed...
View ArticleAnswered: NEC TSC: Defined Cost based on current rates adjusted to base date...
The price adjustment mechanism, under option X1.3 1st bullet, assumes that a compensation event is being priced at 'current rates', so is required to be 'backdated' to the Base Date. As this is a...
View ArticleNEC ECC: Is Working Area Overhead a Defined Cost?
As per Clause 63.1 under Option C, the change of the prices for a CE are Actual Defined Cost of works already done, the forecast of Defined Cost of the works not yet done and the resulting Fee....
View ArticleNEC TSC: Defined Cost based on current rates adjusted to base date level
For NEC3 TSC Option A, the first bullet of Clause X1.3 states that “Defined Cost current at the time of assessing the compensation event adjusted to base date by dividing by one plus the PAF for the...
View ArticleAnswered: NEC ECC: Is Working Area Overhead a Defined Cost?
Yes, the Working Areas overheads charge is Defined Cost and so the direct fee percentage is applied accordingly. It is not a case of 'fee on fee' as it is essentially a 'simplified' way to calculate...
View ArticleAnswered: NEC ECC: Defective works
At a 'headline' level your reasoning seems correct for the two reasons you identified AND that any design developed by the Contractor has to comply with Works Information under clause 21.2, regardless...
View ArticleAnswered: NEC PSC: Option C - Employer Instruction/Employers Assessment
No I don't think there is - but what harm will it do to at least have their version of the quote which you can then take a red pen to? Much easier than starting from a blank page. If you instruct the...
View ArticleAnswered: NEC ECC: Reduction of Prelims under Option C?
It should be in your interest to run the project as efficiently as possible to meet the quality but also provide the most optimum cost possible which will then increase your gainshare (and theirs)....
View ArticleNEC TSC: Option A with option X19 - Instruction changing a Task Order
I am administering a contract using TSC with option X19 with some amendment to the conditions of contract. One of the amendments is the third paragraph of X19.2 is deleted. Under such amendment, what...
View ArticleAnswered: NEC ECS: Option A - lost plant on site
I assume from the reference to 84.2, that you are under NEC3. Regardless, I am not sure why the Subcontractor is claiming under 60.1 (16). It should, if anything, be 60.1(14) for an Employer's or...
View ArticleAnswered: NEC ECC: Contractor Programme stated in Contract Data Part Two
Yes they are correct, but not quite sure what the problem is. People often get hung up on a clause 31 or clause 32 programme but the first one is what people typically refer to as the "clause 31"...
View ArticleAnswered: NEC ECC: Gateman not provided by Client - is this a compensation...
This really depends on specifically what your Works Information (or Scope under NEC4) states. If they have specifically stated this is something they would provide then yes this probably is a...
View ArticleNEC TSC: Under option A, Option X1 - Adjustment Calculation for inflation
I encountered a problem while dealing with the adjustment calculation under X1.3. As the adjustment shall be made at the time the compensation event is assessed and this assessment takes a period of...
View ArticleNEC3 ECC: Fees applied under ECI Stage One - Option C, WAO/H or People OH?
We are under contract with a Subcontractor on a two stage contract, using the NEC3 ECI addendum, Option C. Stage One applications are being submitted by the Subcontractor applying People Overhead for...
View ArticleNEC ECC: Option A: Instruction 11.2(19)
We, the Contractor, have received a list of equipment from the Project Manager through an email (extract below). The list was not part of the Works Information and we understand this list to be a...
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