NEC ECC: Is Coronavirus / COVID-19 relief under X2 an option in Scotland?
I note with interest the option to seek relief via Option X2 Changes in the law. Â Is this new legislation recognised under Scottish Law? i.e. applicable to contracts in Scotland.
View ArticleNEC ECC: Should I pay the forecast defined cost, even if the subbies who...
The Contractor submitted a quotation with forecast defined cost, it stated Subcontractor A would be carry out the works with X equipment and X people. When I went to assess the quotation a couple days...
View ArticleAnswered: NEC ECC: Contractor requesting a change to Employers Works Information
Under NEC3 yes this would be a compensation event, and if it will be easier/cheaper for the Contractor to install this alternative then the Employer gets the full value of the saving. This is not very...
View ArticleAnswered: NEC ECC: Should I pay the forecast defined cost, even if the...
Firstly, the rules will vary a bit depending on when the time of the forecast is deemed to be made depending on whether you are under NEC3 or 4 and the type of compensation event - as in which...
View ArticleAnswered: NEC ECC: Is Coronavirus / COVID-19 relief under X2 an option in...
The Health Protection (Coronavirus) Regulations 2020 as passed by the UK Parliament apply to England only see here: http://www.legislation.gov.uk/uksi/2020/129/regulation/1/made . I assume there is an...
View ArticleAnswered: NEC ECS: Defects period and the Coronavirus impact
Looking at the the words of 60.1(19), inability to correct Defects within timescales would not satisfy either of the criteria in the first two bullets of the clause. Consequently, 'No'.
View ArticleAnswered: NEC ECC: Corona virus and effect on delivery of materials
As sympathetic as I might be, I do not see that this would be a compensation event specifically. Sourcing the materials is a Contractor risk and it was their choice where they got them from. Any...
View ArticleNEC ECC: Should I pay the forecast defined cost, even if the subbies who...
The Contractor submitted a quotation with forecast defined cost, it stated Subcontractor A would be carry out the works with X equipment and X people. When I went to assess the quotation a couple days...
View ArticleAnswered: NEC ECC: Does an NEC3 design and build suit a repair project?
It depends on the extent of the work that the Contractor is doing as to whether they are designing anything or not. What does your Works Information require them to do? ECC Option A can be used for...
View ArticleAnswered: PM instructing design work on a contract with no Contractor design
I have had this before! First of all and probably most important of all, what are the 'works' in the Contract Data referenced as? If it just says The works are 'the construction of new facility X' with...
View ArticleAnswered: NEC ECC: Costs on critical path
Your approach is correct, preliminary costs are a function of time and you only recover additional preliminary costs when there is an extension of time i.e. the CE is on or affects the critical path....
View ArticleAnswered: NEC ECC: Failure to reply to query on compensation event quotation,...
No need to remind the Contractor they have not responded to a query on a quotation. If they do not agree with a quotation, they can reject the quote as more information is needed, and either wait for...
View ArticleNEC3 Short Form - Incorrect description in BOQ
We are a contractor working under the NEC Short Contract who were provided a bill to price by the employer at tender stage. The bill has not been measured in accordance with any method of measurement....
View ArticleNEC ECC: Is the lack of an NCE crucial for an Access Date Change in...
This question is for a professional who has experience of adjudication or has actually adjudicated. Contract is NEC3. The Employer instructed a change (PMI) to the Access Dates in the contract but did...
View ArticleAnswered: NEC3 Short Form - Incorrect description in BOQ
The ECSC does not operate based on a standard method of measurement like Option B of the ECC, the reason being that the ECSC isn't designed to be used for larger, riskier, more complex projects that...
View ArticleAnswered: NEC ECC: Option A - Activity Schedule - Is it acceptable for a...
Not sure why the activity schedule has been submitted post contract award to avoid these exact problems. It is expected that the activity schedule is submitted as part of the option A tender submission...
View ArticleAnswered: NEC ECC: Compensation Event for Physical Conditions following...
It's certainly shows creativity ! Thinking this through, as I write, And there is certainly a grain of truth in it i.e. an experienced contractor would have not judged at the Contract Date that...
View ArticleAnswered: NEC ECC: Project Manager acceptance of implemented CE under clause...
Firstly I'll note that neither party appears to have been operating the contract correctly, the early warning procedure is designed to be used to decide what is required to be done from an operational...
View ArticleAnswered: NEC ECC: Accepted programme
Not quite sure what you are asking in your question. Completion Date moves the same amount as Planned Completion moved due to the compensation event. If planned Completion was two weeks earlier than...
View ArticleAnswered: NEC ECC - Notify a CE under X2.1
Your first answer is correct. This would be a compensation event under X2.1. Not all compensation events are in clause 60.1. There are a few in other secondary options or option B clauses as well.
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