Answered: NEC ECC: Dividing Date in NEC4
The 1st of those paragraphs refers to a compensation event which arises from a relevant communication from the PM or Supervisor (see 60.1 (1), (4), (7), (8), (10), (15), (17), (20)). The 2nd of those...
View ArticleAnswered: NEC ECS: The correct way to assess subsubcontract works in the SCC...
From your question I am assuming that you are using NEC3. Under NEC3 main options A and B, the cost of subsubcontractors is, as you have said, applied to the relevant component under the Shorter...
View ArticleNEC 4 Clause 63.3 and 63.4
In what situation (reduce the total Defined Cost, but the Prices are not reduced) in 63.3 and what situation (reduce the total Defined Cost, the Prices are reduced) in 64.4?
View ArticleAnswered: NEC ECC: Concerns that the Contractor’s design of the lift...
The PM must reply to the Contractor either accepting or not accepting the design submission. There are only two reasons that a PM has at his disposal to not accept a design. If it does not comply with...
View ArticleNEC ECC: Assessment for lack of Warranties
Under an NEC3 Option A contract a contractor has yet to provide Warranties for individual packages (piling, steelwork, and design). The client has instructed that a sum of money is retained relating to...
View ArticleAnswered: NEC ECC: Dividing date in NEC4
'date of that communication' is the relevant date of the Project Manager or Supervisor's communication. 'date of the notification' is the date of the Contractor's notification under clause 61.3.
View ArticleAnswered: NEC ECS: Can you have a CE under 60.1(2) after access has first...
By the strict words of the contract, they might be correct. However, there are almost certainly other compensation events headings you can notify under. For example: 60.1 (3) as they are not providing...
View ArticleAnswered: NEC ECC: Assessment for lack of Warranties
Under an NEC3 ECC main option A, the required warranties would likely be included as an activity on the Activity Schedule. Payment of these would be dependent upon completion of the relevant activity,...
View ArticleAnswered: NEC4 ECC Clause 60.1 (8) in association with clause 61.4
It's an interesting point and something that arises quite often at project level. In my experience where the Parties do eventually agree, this results in a new notification having to be raised against...
View ArticleNEC PSC: Payless Notice
I have a Consultant working as an Employers Agent who I manage under the NEC PSC Contract. This consultant has procured, and is now managing a Contractor on our behalf under the NEC3 ECC. Basically I...
View ArticleAnswered: NEC SC: Subcontractors
You have to engage your subcontractor under what you consider to be the correct set of rules of engagement for them to fulfil their obligations and meet your required risk profile. I would generally...
View ArticleAnswered: NEC ECC: Risks associated with the introduction of a nominated...
Simple answer is yes, so you have to price accordingly in terms of risk within your CE quotation. If you put a lot of risk, this may give rise to the PM giving assumptions to base the quotation upon...
View ArticleAnswered: NEC ECC: When a Project Manager rejects a programme which clause do...
Neither - those clauses state the rules on which the response should be given i.e. that it has to be responded to, if rejected clear reasons why it is rejected and that the communication has to be...
View ArticleAnswered: NEC PSC: Payless Notice
Just to check the question. You represent the Employer named in the NEC3 ECC and the Consultant is the Project Manager named in the NEC3 ECC and Y(UK)2 is included in the contract. The PM has issued a...
View ArticleNEC ECS: Option A (Subcontract) - Main Contractor refusing to pay the Labour...
Subcontractor was issued with an order to deliver recycling works. The labour element of recycling surfacing works was let on activity schedule based on 5 shifts but subcontractor delivered works in 3...
View ArticleAnswered: NEC ECC: As a Client, can we insist on the design change on option...
Yes of course you can - you can issue this as a Project Manager instruction. You just will have to accept that assuming this was not a requirement in their original Works Information, this will then be...
View ArticleAnswered: NEC ECC: Under Option C are agency staff considered as...
This question has been discussed previously, see the following link;https://reachback.builtintelligence.com/18266/freelance-project-manager-subcontract-direct-percentage?show=18268#a18268 This is an...
View ArticleNEC ECC: Under Option C are agency staff considered as Subcontractor or...
NEC3 ECC - option C - payment application We have been informed by the Client that Agency Staff fall under the definition of Subcontractor and not People Cost -therefore accordingly the working area...
View ArticleNEC ECC: is there an extension of time if there are weather related issues?
Are weather related issues a circumstance for a possible extension of time for the contractor, for a NEC3 ECC option A
View ArticleAnswered: NEC ECS: Option A (Subcontract) - Main Contractor refusing to pay...
Flip it round the other way - had it taken 7 shifts, would the Contractor have paid for an extra two shifts for contract works? The answer is obviously no, which is why they cant expect only to pay for...
View Article