Answered: NEC ECC: What is the difference between bullets 1 and 3 of clause...
They are different. First bullet point is where they have accepted the Contractors quote (and not had to make their own assessment) and therefore it is "implemented". Third bullet point is where the...
View ArticleAnswered: NEC ECC: What details should be included in a default notice issued...
Under NEC3 there is a single notice from the PM to the Contractor although under NEC4 there is the same notice but a further notice is also given by the PM to the Employer following the expiry of the 4...
View ArticleAnswered: NEC ECC: Clause regarding the calculation of the monthly payment by...
There are not many specific option F clauses relating to payment so you are back with the core clauses in section 5 of the contract. The only ones that you need to know for option F are the definitions...
View ArticleNEC ECC: What is the difference between bullets 1 and 3 of clause 65.1 under...
With NEC3 option E, 65.1 point 1 sounds exactly the same as point 3, how do they differ?
View ArticleAnswered: NEC ECC: Raising a CE under an incorrect clause
Once a compensation event has been notified the Project Manager is obliged to respond. In doing so they consider the bullet points under clause 61.4. The last one is; ' - is not one of the...
View ArticleAnswered: NEC ECC: Are rates used in SSoCC also subject to direct fee uplift...
In short 'Yes'. Under NEC4, there is only one fee percentage (whereas under NEC3, there were two) and it is applied to the change in Defined Costs when a compensation event occurs.
View ArticleAnswered: NEC ECC: Clause 60.1 (12) and Z clause regarding Site Information...
I agree with Andrew's answer and this is a common question. What the Client's lawyer is trying to do is get out any claim in law for innocent or negligent misrepresentation and I will assume they have...
View ArticleAnswered: NEC ECC: Raising a CE under an incorrect clause
It is not an absolute obligation to state under which clause you are confirming it is a CE - just a very good idea to. A Contractor should satisfy themselves why it is one, and the best way is to...
View ArticleAnswered: NEC ECC: Adverse Weather Claim
Firstly you have to notify within 8 weeks of becoming aware of the event. In simple terms this should be within 8 weeks of the end of the calendar month that the weather occurred in. You cant really...
View ArticleAnswered: NEC ECC: What happens if the client is asking for prelims back?
Yes they are entitled to the prelim saving back that you are not going to incur as a result of this CE, just like you are entitled to extra prelims if they give a CE that extends the planned...
View ArticleAnswered: NEC ECS: Applying Delay Damages
Delay damages are not Defined Cost and should be added as a 'below the line item', after the Price for Work Done to Date calculation (see 3rd bullet at sub-clause 50.2). Delay damages represent a...
View ArticleAnswered: NEC ECC: Contractor Design (Outside of Main Contract) Works...
You would want it to be filled as Contractor's Works Information. That way, if there are ambiguities or inconsistencies in it and it needs changing, the Contractor is liable i.e. while it will be a...
View ArticleAnswered: NEC ECC: Option B: Reducing Contractor's Scope of Work - can this...
This has come up before although I can't locate the answer. However, the answer is no because: - the work that they are proposing to remove is within the description of the 'works' AND (not 'or') - it...
View ArticleNEC ECC: Under Option B do we have to provide all delivery tickets to the...
We have been asked to provide all delivery tickets for a project which is on an ECC option B. Do we have to provide all of these tickets for all materials provided on the project and fully incorporated...
View ArticleAnswered: NEC ECS: Under 61.4, how long has the Contractor got in the first...
Clause 61.4 states that the Contractor has to respond to a notified compensation event within two weeks. Once this period has been exceeded, the Subcontractor may notify that there has been a lack of...
View ArticleAnswered: NEC ECC: A Contractor is delaying starting works.
The Contractor can choose not to start if they like however the question of liability for this will then arise. If they choose not to start and it's later found that they could / should have started...
View ArticleAnswered: NEC ECC: Under Option B do we have to provide all delivery tickets...
Option B is a lump sum type contract. You get paid for the actual quantity done of the items listed in the Bill of Quantities i.e. they are remeasured. There would be no requirement to provide delivery...
View ArticleAnswered: NEC ECC: Appointment of the Project Manager
In direct answer to your question I would say that there isn't a need for a Z clause for appointing someone from the Employer's staff as the Project Manager. Although there is no express right of...
View ArticleNEC ECC: Material added by the Contractor to ease construction not in the...
The Contractor is to undertake the installation of sheet piled wall with a silent piler. They have taken advice from the supplier of the rig that because there are some gravels in the GI report (Site...
View ArticleAnswered: NEC ECC: Material added by the Contractor to ease construction not...
From what you have said I am assuming that the Contractor has no design responsibility and that you are also under one of the 'cost reimbursable' options, C (with target), D (with target) or E. The...
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