NEC3 ECC: Can PPN guidance be applied against payment Options A & B?
Due to risk profiles under NEC Main Options, can PPN guidance be applied against Options A & B in terms of Advanced Payment mechanism for Work Not Done To Date if included in the accepted programme?
View ArticleAnswered: NEC3 ECC: Can PPN guidance be applied against payment Options A & B?
Assuming you are talking about PPN02/20 which deals with supplier relief you would most likely need to use a legal device such as a deed of amendment or variation to introduce the recommended measures....
View ArticleAnswered: NEC ECC: Corona virus and removing equipment from site
It sounds reasonable that the Employer will have to accept some / all of this cost as part of the compensation event quotation however the Contractor will need to demonstrate that it is paying for the...
View ArticleAnswered: NEC: How Does Government Guidance Affect a contract COVID 19 UK
Step 1 with NEC is the clause 16 (NEC3) early warning mechanism, hopefully every NEC project in the land has by now seen one in relation to COVID-19 and I'd be expecting parties to be having daily risk...
View ArticleAnswered: NEC ECC - Option C, Title for materials where payment due during...
An alternative would be to include in the Working Areas the off-site areas where materials are being stored through a clause 15.1 (NEC3) or clause 16.3 (NEC4) proposal. This means that title for these...
View ArticleAnswered: NEC ECC: As a Contractor I want to terminate with the client should...
It isn't possible for the Client to use Option A of the ECC without specifying and describing the works in their entirety, it isn't intended to be used as a call-off contract and would need significant...
View ArticleAnswered: NEC ECC: COVID - work stop - Employer query - CE assessment
Under this CE, like any other, the Employer is liable to pay the Contractor the Defined Cost plus Fee in assessments of the amount due, to increase the target by the amount of Defined Cost plus Fee...
View ArticleNEC ECC: Change of supplier and increase to the prices due to effects of...
Modified Contract based on NEC3 Option B. Clause 19 has been deleted by Option Z. Clause 60.1(19) has not been deleted. Construction is continuing though the Contractor is finding that many of its...
View ArticleAnswered: NEC ECC: Including assumptions about COVID-19 in ITT
I would not sign this contract with existing clause 60.1(19) in place as clearly the 4th bullet "An event which - an experienced contractor would have judged at the Contract Date to have such a small...
View ArticleNEC ECC: Suspension Under 34.1 during Coronavirus period
NEC3 - Option B. Works have been suspended under cl34.1. Quotation requested. We are preparing quotation for suspension, we cannot re-allocate the labour and staff, we have off-hired all plant. Is it...
View ArticleNEC TSC: Frequency of Price Adjustments for Inflation when using NEC4 TSC + X19
I'm trying to understand what the typical frequency is for calculating price adjustments for inflation. Is it normally done monthly at each assessment interval or on a less frequent basis? Also would...
View ArticleAnswered: NEC ECC: Notification associated with X2
Just to add to Steve and Neil's excellent advice, the wording of X2 slightly changes between NEC3 and 4, NEC3 states PM may notify (and Neil has already explained the significance of "may") that the...
View ArticleAnswered: NEC ECC: Novated designer changes the design - is this a...
If it ws only a notated design team, then the PM would need to instruct you, the Contractor of a change to the Scope which would be a compensation event under clause 60.1(1). However, often it is not...
View ArticleAnswered: NEC TSC: Frequency of Price Adjustments for Inflation when using...
in NEC4, the Prices are adjusted due to inflation at the 'inflation adjustment dates' (in italics) which are stated in the Contract Data as specific dates, although they could be referenced back to the...
View ArticleNEC ECC: COVID-19: Cl 19.1
Following the Government's publication of 'key workers', many of our clients within the utilities sector have deemed their projects to satisfy the criteria within this publication, despite it being...
View ArticleNEC ECC: Can a CE be issued to omit works from Works Information if a CE was...
We have an NEC3 project Option A. There has been change in personnel. Current personnel have identified that an CE has been issued for Contractor Design element which is clearly required and noted in...
View ArticleNEC TSC: Is Independent Checking Engineer a subcontractor under TSC?
Under NEC3 TSC, is an independent checking engineer for checking temporary works, eg. formwork, a subcontractor under the provision of Core Clause 11.2(16) ?
View ArticleNEC ECC: What is the methodology that the Contractor goes through to assess...
Also, how does the Contractor compile this information? (Am i correct in stating that the Contractor is to use the SSCC for the build up of prices before they submit this as a quotation to the PM?)...
View ArticleNEC - Most appropriate form of contract(s) for the provision of temporary...
Please can you provide some guidance with respect to the most appropriate form of contract(s) comprising the NEC3 suite which are to be utilised for the procurement of works/services which are purely...
View ArticleAnswered: COVID-19 notifications
I would give: - one early warning for the VOVID-19 virus ... or more precisely would have as it is way past the time you became aware of it; - separate early warning notifications as new issues emerge....
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