Answered: NEC ECC: Why is the forecast each period under options C-F not...
I get your sentiment, but what actually would it mean if you could reject their forecast? What would it actually achieve - would you be any better off and what could you do with that? They are unlikely...
View ArticleAnswered: NEC ECC: Is equipment a potential disallowed cost ?
The term 'resources' is not defined and could include Equipment. Interestingly this bullet point could also include Plant and Materials as the caveat in the previous bullet point is different and...
View ArticleAnswered: NEC ECC: Rates used to Value a CE quotation under Option A
In the standard contract, the default for assessing a CE is the change in Defined Cost + fee due to the event. Rates can be used by agreement between the PM and Contractor, so if you have not agreed...
View ArticleNEC ECS: Quotation Submitted for Fencing Works
I am currently working on a substation using NEC3 Engineering and Construction Subcontract April 2013 - Option A which is a lump sum contract. We have submitted a quotation to undertake some fencing...
View ArticleNEC PSC: Option C - Is this a Compensation Event?
A project was added into a package of other projects under a compensation event. At the time the consultant undertook so support to the client in finalising the scope prior to the consultant finalising...
View ArticleAnswered: NEC ECS: Is there generally a pain/gain cap in Option C?
For any 'target' contract, such as NEC Option C, the amount shared is determined by the share ranges and the share percentage in each range, both of which should be stated in the Contract Data in a...
View ArticleAnswered: NEC ECC: PM Communication
I would suggest you need to sit down with the PM and discuss this matter. A change to the Works Information is a compensation event under clause 60.1(1). Changes to the Works Information are...
View ArticleAnswered: NEC ECC: Option C - Contractors Denies a Notified Defect is a Defect
I suggest you identify in the notification of the Defect that part of the Works Information which has not been complied with, ie. the clause within the WI or referenced specifications/standards which...
View ArticleNEC ECSC: Can a Contractor claim for Site Agent’s hours?
Under the Short form of NEC4, would a contractor be entitled in his submission of a compensation event to be paid for hours by the site agent, even if he was not on site or not expected to be on site...
View ArticleAnswered: NEC ECS: Quotation Submitted for Fencing Works
The additional works should be assessed as a compensation event in accordance with the rules of your contract. Clause 63.1 states it should be a forecast as to what the Defined Cost would be at the...
View ArticleNEC3 ECS: Option A – Z clause - what is the effect of deleting core clause...
If Option Z is used in the NEC3 EC Subcontract: Option A, what is the significance of the following amendment and how does the change impact the contractor and sub-contractor?“The additional conditions...
View ArticleAnswered: NEC ECC: Missed KPI - What happens to the incentive payment?
From what you have said it looks like a part of the Fee is paid as an incentive for meeting the requirements in the Incentive Schedule, which has not happened due to the Contractor's performance. The...
View ArticleAnswered: NEC ECS: Option A Contract Termination clauses
From the amended ECS forms I have seen, the deletion of A4 in clause 93.2 and the Termination Table is actually a common amendment. Although you might consider this to be 'unfair' there are far worse...
View ArticleAnswered: NEC ECC: Can a CE be notified without a PMI?
A CE can only exist if an event has actually (or is expected) to occur. In your case it looks like a CE has been notified, although it is unclear whether a valid instruction has been given to change...
View ArticleAnswered: NEC ECSC: Can a Contractor claim for Site Agent’s hours?
The ECSC isn't as well defined as the ECC in terms of Working Areas and such like therefore it's arguable. The definition of Defined Cost in relation to people just says "... amount paid by the...
View ArticleAnswered: NEC3 ECS: Option A – Z clause - what is the effect of deleting core...
Looks like an attempt to turn an NEC contract into a JCT contract !! Whereas JCT, certainly the D&B form, has Employer's Requirements, Contractor's Proposals, Contract Particulars, Schedules etc,...
View ArticleAnswered: NEC ECC: Pre-Construction Information - should this go in Works...
In my experience Pre-Construction Information (PCI) can be both Works Information (often constraints) and Site Information (descriptions of the Site and details of surveys etc). It seems to be because...
View ArticleAnswered: NEC ECS: Clarification of what sub-contract working to (NEC3 Option A)
Firstly, if you stand to lose a lot of money based on this it would be worthwhile taking advice as the answer will depend on the exact wording contained in pre-contract correspondence. As such it's...
View ArticleAnswered: NEC ECC: Can somebody tell me why retention isn't used with option...
The intention under a main option F is that the Contractor essentially provides a management service and only has responsibility for providing limited works, as stated in the Contract Data, with the...
View ArticleNEC ECC: Disallowed subcontractor costs for delays?
Under option C, Contractor causes a delay to the Subcontractor having failed to provide setting out engineer. Subcontractor stands for a couple of hours – no alternative work can be undertaken....
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