Answered: NEC ECC: Equipment Minimum Hire Period and CECA
You should be able to claim the cost that you have incurred as a result of that compensation event. If you can demonstrate that it was on a minimum one week hire then that is what should be assessed as...
View ArticleAnswered: NEC ECC: Compensation Events and Utilisation of Resources on Site
Under clause 63.3 (NEC3 ECC) or clause 63.5 (NEC4 ECC) if, due to the compensation event, there is no effect on planned Completion compared with that in the Accepted Programme, then there is no change...
View ArticleNEC ECC: Evaluation of an omission via a compensation event
Contract NEC3 ECC Option B On one of our projects the designers have revised the drainage during the contract period. The contractor has assessed the compensation event using defined cost and in doing...
View ArticleAnswered: NEC ECC: Medical Suspension - Disallowed Costs?
Assuming we're talking about a person employed by the Contractor then the Employer does have some liability to pay for people who are absent due to ill health. The Schedule of Cost Components item...
View ArticleAnswered: NEC ECC: Is the Contractor obliged to notify sub-subcontractors to...
No, not unless there is a Z clause that specifically requires this. The unamended ECC defines a Subcontractor as someone who has a contract with the Contractor. A Subsubcontractor in an ECS does not...
View ArticleNEC ECC: Acceptance of CE quotation and subsequent realisation it was not a CE!
Contractor issued EWN related to ground conditions. PM requested a quotation which was submitted by Contractor and subsequently accepted by the PM. Following a review by the Clients team, it was found...
View ArticleNEC ECC: Acceptance of Programme and Delay in Progress Onsite
The Contractor on our project have recently submitted their next programme for acceptance. The programme is dated the 28 February but was not formally submitted to the Project Manager for acceptance...
View ArticleNEC PSC: Responsibility of planning discharges
We are working on an NEC Option A contract with novated design consultants who are novated through a professional services agreement. The Employers Agent and the novated consultants are from the same...
View ArticleAnswered: NEC ECC: Acceptance of Programme and Delay in Progress Onsite
It all depends on the “data date” of the programme, i.e. the date they have rescheduled the programme to. If they have issued the programme on the 11th March but it was for progress up until the data...
View ArticleNEC ECC: Coronavirus protocols is determining that non construction staff...
I under an NEC3 (Option C) contract, if a project agreed that non essential project personnel were to work from home, how could the ‘defined site’ be adjusted to accommodate home workers in exceptional...
View ArticleNEC: Which CE would delays due to Coronavirus be?
Under NEC4 would CE number would we use for notifying the client of time and cost implications relating to Coronavirus?
View ArticleNEC: Coronavirus what are the contractual implication with the NEC?
With the current impact of the Coronavirus what are the contractual implications if work on site is delayed through it impacting the contractor supply chain?
View ArticleAnswered: NEC: Coronavirus what are the contractual implication with the NEC?
Much has been written about 'prevention events' and whether work is impacted such that it is not reasonably possible to complete on time. However, for any contracts entered into prior to the outbreak...
View ArticleAnswered: NEC: Which CE would delays due to Coronavirus be?
If you have X2, Changes in the law in your contract, I would notify under that as (to quote my colleague Andrew W-I: "In response to the COVID-19 outbreak, the United Kingdom Parliament enacted a...
View ArticleAnswered: NEC ECC: Coronavirus protocols is determining that non construction...
Working from home is already covered in the Schedule of Cost Components and Working Areas wouldn't necessarily need to be extended to include everyone's home addresses. Under the Schedule of Cost...
View ArticleAnswered: NEC PSC: Responsibility of planning discharges
You need to keep contractual lines of responsibility clear and distinct from each other. Firstly, what are your obligations to the Employer in respect of planning conditions? If you have any they...
View ArticleAnswered: NEC ECC: Acceptance of CE quotation and subsequent realisation it...
Clause 65.2 states that an assessment of a compensation event is not revised if a forecast upon which it is based is shown by later recorded information to have been wrong. The clause specifically...
View ArticleCoronavirus - contractual implications
With the potential issues created by Coronavirus what are the contractual implications if work on site is delayed. Notwithstanding X2, is NEC3 ECC Cl 60.1 (19) applicable, is the virus deemed a force...
View ArticleAnswered: NEC ECC: Coronavirus - contractual implications
See my colleague Jon Broome's answer using this link:https://reachback.builtintelligence.com/18883/nec-which-ce-would-delays-due-to-coronavirus-be
View ArticleNEC ECS: Defects period and the Coronavirus impact
NEC3 ECS Main Option C, D and E. Where defects are concerned after Completion, a number of projects are currently in the defects period, of which a couple have defects raised to be dealt with by the...
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