Answered: NEC ECC: Time-bar clause for CE which arises from a failure by...
The time-bar i think works fine and will stand up to scrutiny in court. If the Contractor is not given access by the Employer, that is a compensation event under 60.1(2). However, the Contractor has...
View ArticleAnswered: NEC ECC: Contractor Entitlement to Change of the Price
Very difficult to determine what would be an "unfair" contract term in the eyes of the court, but I think the answer would be surprisingly few, plus you have to go all the way to court to find out and...
View ArticleAnswered: NEC PSC: Option C - Is this a Compensation Event?
As described I don't see how this would be a compensation event. I assume that the original quote was followed through to its conclusions and "implemented" under the contract. that would mean that the...
View ArticleAnswered: NEC ECC: Lack of Employer access under option A on the programme...
Firstly, the programme does not trump the contract, so if the Contractor has put a date on the programme by which he requires access to a particular part of the works, that does not supersede the...
View ArticleAnswered: NEC ECC: Disallowed subcontractor costs for delays?
The related Disallowed Cost bullet point states; 'resources not used to Provide the Works (after allowing for reasonable availability and utilisation) or not taken away from the Working Areas when the...
View ArticleNEC ECC: Is cost of fuel for machines on site recoverable within the SCC?
NEC3 ECC option C. We are using excavators and dumper trucks on site which are clearly recoverable under equipment of the SCC. What about the fuel that we are using to run the machines? Where under the...
View ArticleAnswered: NEC ECC: Access Dates and accessing site prior to this date?
Q1Assuming the work will be done after the contract date and assuming you are not changing the definition of the Price for Work Done to Date for the work to be done prior to the access date, you do not...
View ArticleAnswered: NEC ECC: How does X18 'Limitation of Liability' determine what the...
There are two elements to X18. There is the clause wording in the secondary options from X18.1-X18.5, and there is the relevant section completed in contract data part 1. The first four clauses within...
View ArticleNEC ECC: Defined cost People rates - Hours utilisation for differing clients
I am working a large programme currently using an NEC3 ECC Option E Contracts, soon be transitioning to NEC3 ECC Option C Contracts. (I personally work Employer side). A question has been raised as to...
View ArticleAnswered: NEC ECC: Ambiguity in ECC and ECC GN on Clause 32.1
Even more confusing for you will be NEC4 contracts that have deleted the line of showing implemented compensation events on a revised programme altogether! The intention of 32.1 is that yes you do show...
View ArticleAnswered: NEC ECC: Is cost of fuel for machines on site recoverable within...
Suggest that you point the PM towards SCC item 25
View ArticleAnswered: NEC ECC: Contractor misses Key Date and PM fails to assess on time
I do not believe that the Employer has lost the right to recover direct costs if they fail to assess the costs incurred within the four weeks stated in 25.3. It does beg the question why have a...
View ArticleAnswered: NEC ECC: Defined cost People rates - Hours utilisation for...
The Schedule of Cost Components (NEC3) at sub-clause 11 states; 'Wages, salaries and amounts paid by the Contractor for people paid according to the time worked while they are within the Working...
View ArticleNEC ECC: What details should be included in a default notice issued under...
If a Project Manager is issuing a default notice for reason R11, what details need to be included for the notification to be valid? Does it need to fully substantiate the default has occurred and is a...
View ArticleAnswered: NEC ECC: Option E - Forecast Period
Don't forget - which ever option you are working under there are main option clauses relevant to that option. For option E, you have definitions :11.2(23) which defines Defined Cost, and 11.2(25) which...
View ArticleAnswered: NEC ECC: Can a CE be notified without a PMI?
If you were using one of the established cloud based systems to manage flow of communications (e.g. FastDraft) then this would sort itself out and encourage the correct behaviours in the first place....
View ArticleAnswered: NEC ECC: Monthly programme displaying delay but no CE.
At this point in time they should only be showing the effect against planned Completion, and then as and when a CE is implemented then Completion Date can be moved by the agreed amount. That is why...
View ArticleNEC ECS: Completion Date for a Subcontract which includes Maintenance
We as the Contractor have a contract completion date in July 2020. Within the Works Information we are required to provide 12 months of maintenance to the landscaped areas on site, we have included...
View ArticleAnswered: NEC ECC: Monthly programme displaying delay but no CE.
An additional element to cover in your question is the fact they are waiting to see the full effect of a CE before issuing it. That is not contractually or practically what could be done. The...
View ArticleAnswered: NEC ECC: Assessing Compensation Events - using lump sum rates
The answer is yes it can - by agreement. If both Parties agree, you could use the activity schedule rate to omit the work, and then work out Defined Cost using Schedule of Cost Components for the new...
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