NEC ECC: PM change in phasing to CL31 programme
PM accepted our CL31 which shows phasing of 3 elements of works. Our programme showed us starting with phase 2, following on with phase 3 & 4 . Upon attending site the Employer/PM has decided to...
View ArticleNEC4 ECC: Option A - can the Contractor recover it’s costs for preparing CE ?
We are a Contractor, and have been asked under a PMI to prepare a number of CE Quotations for the Client. Under NEC4 Option A, I thought we could claim for assessing the impact on our works, but not...
View ArticleAnswered: NEC ECC: PM change in phasing to CL31 programme
In NEC3 the Works Information is defined in Clause 11.2(19). In NEC4 the Scope is defined in Clause 11.2(16). In both cases the definition includes the words: "states any constraints on how the...
View ArticleNEC ECS: Should the Completion Date be Actualised when work is past the date...
I am working for a PC and a Sub-contractor has submitted a Cl.32 Programme (NEC3 Contract) with the Completion Date milestone sitting on the Data Date (on a date later than the date shown in the...
View ArticleAnswered: Clients Defect NEC 3 Optipn b
In the ECC the Supervisor has no authority to instruct the Contractor to do anything except search for a Defect. Only the PM can instruct changes to the Works Information unless they have specifically...
View ArticleAnswered: NEC ECC: Piles no longer needed for the Works - how should this be...
You are right in principle, the quotation would be prepared on an add and omit basis. Any cost and time you can attribute to the removal of work from the Works Information can be included in the...
View ArticleAnswered: NEC3 ECC: Project Manager assessing CE quotations based on the...
Yes you are right that any CE should be based upon forecast Defined Cost following clauses 63.1-63.6, but equally they can use what ever information is available to them to ratify what a reasonable...
View ArticleAnswered: NEC ECC: Supervisor recording defects
This is not particularly in the spirit of the contract, but nothing contractually you can really do about it if this is the personality/character of an individual. At the end of the day your guys...
View ArticleAnswered: NEC ECC: Short notice Early Warning change to Works Information.
Few points of note here: 1. Early Warnings are for things that could or might occur, which then allows the chance to review them and do something about it. This was not an early warning, but should...
View ArticleAnswered: NEC ECC: What is the dividing date, as it does not seem to be a...
The dividing date is a new term introduced within NEC4 contracts. Whilst it is not capitalised and therefore not a "defined term" in clause 11, it is described quite well within clause 63.1 as to what...
View ArticleAnswered: NEC ECC: Use of collateral warranties or instead yuk3?
The answer 'in theory' is 'Yes', because you don't need to go through the rigmarole of getting Collateral Warranties agreed and signed in order to be able to go direct to the 3rd party - the turbine...
View ArticleAnswered: NEC4 ECC: Option B: completion of data for sscc
In answer to 1., that is the intention as the Contractor will know how they categorise their workforce, but this would make it difficult to make to do like for like tender comparisons, which is...
View ArticleAnswered: NEC ECC: Secondary Option X2: Changes in the Law - Will the changes...
The simple answer is that the proposals have to be a change in the law for them to be enforced. Originally presented in the Social Security Contributions (Intermediaries) Legislation 2000, the...
View ArticleAnswered: NEC ECC: What happens if Project Manager is beyond time to assess a...
The PM is right to still make an assessment, even though it's late, however the Contractor is entitled to notify a CE as clause 60.1(6) the PM has not replied to a communication within the period...
View ArticleAnswered: NEC ECC: Have submitted a design for a floor which Works...
If the polished concrete design complies with the WI and the PM does not accept it, then it would be a compensation event under clause 60.1(9). If the Employer via its PM insists on a marble floor,...
View ArticleAnswered: NEC ECSC: ownership and title to construction work
You can approach the end client and ask for payment, but they have no obligation to pay you as they are not in contract with you. The short contract is a bit skimpy on title so the position defaults to...
View ArticleAnswered: NEC ECC: Are there any disadvantages from employer perspective of...
The dangers is you end up with an activity schedule that does not match how the Contractor would like to or actually is going to do the work. So far from getting transparency over costs, you end up...
View ArticleAnswered: NEC ECC: Project Manager making their own assessment
It really depends on who caused the delay: if it was on the Employer/Client side, it might be another compensation event. Also, look at the criteria in clause 63 for assessing compensation events.
View ArticleAnswered: NEC Contracts: Force Majeure - Corona Virus?
It sounds like a good idea to raise an early warning so all parties can start thinking about the consequences and what to do. Larger contractors and clients can probably reach back into their HO for...
View ArticleNEC ECC: Change to the Scope
Can somebody advise on the following scenario that we've got The Project Manager instructs a change to the Scope to include additional works, one delaying Completion and one not. How are these...
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