Answered: NEC ECS: Coronavirus - Compensation Event Options
Jon Broome's answer in relation to the ECC is equally relevant to the ECS:https://reachback.builtintelligence.com/18883/nec-which-ce-would-delays-due-to-coronavirus-be With clause 60.1(19) being...
View ArticleAnswered: NEC ECC: Compensation Event Retrospective Claim
The NEC3 ECC states you use the Accepted Programme [clause 63.3] which is a defined term that means the latest programme accepted by the PM [clause 11.2(1)]. There's a good article on this subject...
View ArticleAnswered: NEC ECC: Which CE Clause to use due to Coronavirus?
The only other CE you are left with is at clause 60.1(2) of NEC3 - the Employer does not allow access to and use of the Site.
View ArticleNEC ECC: Accepted programme
Am I correct then in assuming that if the PM accepts a programme (cl32) with a planned Completion delayed by 1 wk due to the notified CE (unaccepted) of a 2wks duration the Completion Date is...
View ArticleAnswered: NEC ECC: Compensation Event Retrospective Claim
The amendments to NEC4 2019 version finally put in words what I believe they always intended. You take the last Accepted Programme, but first bring it up to date with progress and other compensation...
View ArticleAnswered: NEC ECC: Period for design acceptance
There is a very clear contractual answer to this which is covered in clause 14.1. Acceptance does not change the liability for the Subcontractor to comply with the Works Information (Scope in NEC4)....
View ArticleAnswered: NEC ECC: Challenge of a Z Clause relating to Corona Virus
Not directly it seems. Up until yesterday though, the requirements to close non-retail 'premises' was not a legal requirement. It is now due the Coronavirus Bill being enacted and becoming law i.e. an...
View ArticleNEC ECC: Period for design acceptance
In NEC3 ECS option A, if the Data Part 1 states that the Contractor’s period for reply is 4 weeks and then the Contractor accepts the Subcontractor’s baseline programme (clause 31) which includes a...
View ArticleAnswered: NEC ECC: Challenge of a Z Clause relating to Corona Virus
Hindsight is a wonderful thing isn't it, but it just goes to show the importance of reviewing any contractual amendments as to what they mean, and if you are not sure give them to someone who can tell...
View ArticleAnswered: NEC ECC: Amendment to secondary clause wording such as X22
X22 wouldn't need to be amended to incorporate enabling works in Stage 1, this is already provided for if the term "Stage 1" as defined in the Scope includes a requirement for the Contractor to carry...
View ArticleAnswered: NEC PSC: Option C - What information is required with a quotation?
Assuming this is NEC3 PSC then the Consultant should show in their quotation how they assessed the Time Charge which is a term defined at clause 11.2(13). Time Charge is based on staff rates (taken...
View ArticleAnswered: NEC ECC: How many events (60.1(1) to (21)) can you put in a...
You could in theory notify under more than one clause, but if you are using a cloud based system it normally only allows you to choose one reason. In that case I would pick the most obvious one (or...
View ArticleAnswered: NEC ECC: How is the assessment formed when accepting a defect under...
Until a quotation is accepted under clause 44.2 the Contractor will be liable to correct the Defect which should be enough motivation to encourage the Contractor to submit a quotation. Remember the...
View ArticleNEC PSC: Option C - What information is required with a quotation?
NEC3 PSC - the situation is: Consultant submitted a Compensation Event for a delay to the programme based on 2 'instructions', and indicated in the Compensation Event the value. The Compensation event...
View ArticleAnswered: NEC ECC: How is the assessment formed when accepting a defect under...
I think this is one of those that you would like to think common sense would prevail. Either the Contractor submits a quote at zero cost/time which the PM will then accept and give the instruction...
View ArticleAnswered: NEC ECC: Covid-19 and NEC3 Working Area
Yes, you can. You would have to submit a proposal to the PM to add to the WAs and providing that the homes satisfy the criteria in clause 15.1 (NEC3) / 16.1 (NEC4), the PM has no reason to not accept.
View ArticleAnswered: NEC ECC: Which contract option would be most suitable?
Without knowing more about you as a client, the industry you operate in and your experience of building / construction it's difficult to provide a firm answer. The most appropriate procurement methods...
View ArticleAnswered: NEC ECS: Option A - Change in quantities
Firstly there shouldn't have been any quantities in the Activity Schedule, as you say this risk sits with the Subcontractor under Option A. Also we are told at clause 54.1 that information in the...
View ArticleNEC3: What are Procurement Policy Notes (PPN)?
Is Procurement Policy Notes(PPN) an instruction or general guidance to Project Public clients?
View ArticleNEC3 TSC: Can you apply PPN on Framework contract level or Call Off Contract...
Under framework Term Service Contract, can you apply PPN on Framework contract level or Call Off Contract Level?
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