Answered: NEC ECC: Lack of access - is this a time-bar(able) compensation event?
The PM is not required to notify a compensation event for delayed access and so yes the Contractor should notify it within the 8 week period. I would notify it now and see what response you get, the...
View ArticleAnswered: NEC ECC: Option B and changing rates?
Providing it meets the requirements in the 3 bullet points of 60.4, the answer is 'Yes'. The most contentious of these is that the FINAL quantity x rate is more than 0.5% of the original Prices.
View ArticleAnswered: NEC ECC: a CE Weather Event - is it calendar days or working days?
Weather is always a very difficult compensation event to assess without subjectivity. There is no doubt this is a CE under 60.1(13) as it is 8 days over the 1 in 10 year event. The tricky bit is then...
View ArticleAnswered: NEC ECC: Design Costs under the schedule of cost components
Fist of all let me ask, are you a true JV, in the legal sense, in that the Client will be contracting with both of you directly? If not, the answer is that designer will be a Subcontractor and paid for...
View ArticleAnswered: NEC ECC: ECI - Additional clause for use with the NEC3 Engineering...
I don't know the particulars of your framework. However, my gut feel would be that the main document to amend would be the contracts that you enter into under the framework to incorporate the ECI...
View ArticleAnswered: NEC ECC: What costs are recoverable if Client stops work due to...
No, I don't think this is reasonable. You can argue that the ECC is a bit light in terms of explicitly stating that what has to be shown in a quotation with the Short Form (ECSC) being explicit....
View ArticleNEC ECC: a CE Weather Event - is it calendar days or working days?
We have recently received weather report for the month of February (2020) for our site at the named station in the contract. In the month there were 14 days where the rainfall exceeded 5mm. The 1 in 10...
View ArticleAnswered: NEC ECC: Should a pricing error in Activity Schedule be corrected...
Glenn's answer below is generally correct because generally it is Contractors who prepare the activity schedule, so if they make a mistake then what used to be called the 'contra proferentum' rule...
View ArticleAnswered: NEC ECC: Is there a hierarchy in the Scope within NEC4
No there is no hierarchy between documents within the Scope. When either party notices such an ambiguity or inconsistency between contract documents, they should notify the other of that fact. The...
View ArticleNEC ECC: Recovery of furloughed labour costs for Option A/C/E
I'm looking for some guidance on the entitlement and best practice around claiming furloughed labour costs for each option of NEC3?
View ArticleNEC ECC: We have been asked to provide a CE quotation under the NEC 3 but...
I propose to show the costs of undertaking a survey as a firm cost and make an assumption on the areas we are required to make good damage by others. The actual measure/cost could be adjusted in a...
View ArticleNEC ECC: Recovery of labour costs for Option A/C/E due to COVID-19
I'm looking for some guidance on the entitlement and best practice around claiming labour costs for each option of NEC3 due to COVID-19. We have been instructed to stop works under 60.1(4) with an...
View ArticleAnswered: NEC ECC: We have been asked to provide a CE quotation under the NEC...
Your quotation needs to include what the compensation event notification included. It sounds like it's a quotation for additional work which was instructed i.e. a change to the Works Information /...
View ArticleAnswered: NEC ECC: non acceptance of quotation submitted under Clause 61.2
Yes nothing to stop that at all. If the PM considers the quote to be wrongly assessed and too high, but they have seen enough in the quote that means they want to go ahead with it, they can now...
View ArticleAnswered: NEC ECC: In step 3 (of assocaited question), where is progress...
Yes - under NEC4 where they have given it a name which is "the dividing date" you take into account progress up until the "dividing date". This is the date the instruction was given (if the instruction...
View ArticleAnswered: NEC ECC: Can Project Manager change their mind that something is a CE?
First of all, what is the Employer doing giving a PMI? Only the Project Manager - the PM in in PMI - can do it. Given that, he never made "his mind" contractually, so he can't change it. But I will...
View ArticleAnswered: NEC ECC: Can Project Manager change their mind that something is a CE?
You would like to think that if he has stated that this instruction is a compensation event then he would have done his homework and only agreed it was one if they believed it. Up until it is...
View ArticleAnswered: NEC ECC: Defined Cost - Furlough Top Up Payments
No, it is not recoverable because furloughing means that the employee must stop all work, except in a fe circumstances such as - training - essential duties as a director of a company. Defined Cost is...
View ArticleAnswered: NEC ECC: Option A (Contractor Design) and updating Contractor's...
You may be confusing Contractor's Works Information (CWI) - in place at the signing of the contract - with detailed design developed by the Contractor after the contract has been signed. If your CWI...
View ArticleNEC ECS: Supplier design fee - is this recoverable as part of a compensation...
In NEC3 ECS option A, a variation is issued to a Subcontractor. The Subcontractor then passes the design and manufacture of the variation to their Supplier who is under a supply agreement. Does the...
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