NEC3 ECC: Is the Employer entitled not to pay the Contractor amounts which is...
If the Contractor selects a bid which amount is higher than open market price and the Project Manager thinks that price of the bid was not competitively tendered because the selected bid was the...
View ArticleAnswered: NEC3 ECC: When do you issue a pay less notice to a Subcontractor...
A Pay Less Notice is required to be issued when you intend to pay an amount which is less than the Notified Sum ie the sum specified in either the Payment Notice or the Default Notice (had a Payment...
View ArticleAnswered: NEC3 ECC: Employer works elsewhere affecting the project - is this...
I think your observations, the way you have described it, are entirely valid, except for the compensation event heading you describe. Events in clause 80.1 are compensation events via clause 60.1 (14)....
View ArticleAnswered: NEC3 ECC: Additional payment to Contractor required by the Employer
The only provision for re-opening the implemented quotation would be if a Project Managers assumption, on which the quotation was based, has proven to be incorrect. Even if the quotation could be...
View ArticleAnswered: Assessing Omissions from BQ under NEC Option B not resulting from a...
If it is a completely new item, then the answer is 'Yes' : under 63.1, it would be a change to forecast Defined Cost + Fee and this new rate would take the form of an addition to the BoQ which could be...
View ArticleNEC3 ECC: Evaluation of Missing BQ Items when not arising from a change to...
Based on your response to this question, I have a similar situation about to occur on a project which involves works being undertaken under a combination of both a day and night working regimes. Our BQ...
View ArticleAnswered: NEC3 ECC: Does the Accepted Programme become the forecast?
NEC3 contracts do not specifically talk about or deal with Earned Value(EV) therefore any such requirements needs to be outlined with in Works Information that this is a requirement/expectation for the...
View ArticleAnswered: NEC3 ECC: what should be included in the percentage for overheads...
OK - first question is do you have a copy of the Supply Contract, and if not you need to get hold of one. For compensation events (and there is a list of what would be a compensation event in clause...
View ArticleAnswered: NEC ECC Option A - Inclusion of site vehicles within a CEQ
Compensation Events are assessed as the effect on Defined Cost(CL63.1). Therefore the vehicles can be included in a compensation event quotation if they are Defined Cost, i.e. they satisfy the...
View ArticleAnswered: NEC3: Option D; In Schedule of Cost Components (SoCC) 1.2 & 1.3, Is...
Without getting the contract out, it strikes me that the Contractor cannot have it both ways : either you pay for the transportation allowance (which is in accordance with their employment contract) or...
View ArticleNEC3 ECC: X5 & 7 - Damages that Contractor would incur
Contractor will incur damages (X5 & 7) to be paid to Employer due to Subcontractor missing a key date which lead to Contractor not being able to meet key date. Question is can this costs (damages)...
View ArticleAnswered: NEC3 ECC: Proposed quote now instructed under clause 60.1(1)
It does sound like it doesn't it, but it would be so much easier if the Project Manager uses the correct clause reference when they ask for a quotation. When they ask for a quote under clause 61.1 you...
View ArticleNEC3 ECC: Key date vs x7
Does your other damages clauses fall away when you claim against a key date. or is it just a addition to your other clauses. Say you claim against key date can you claim against x7 as well. Contact...
View ArticleX5 &7- Contractor cost incurred
Thanks Glenn, just to clarify - Contractor contract has sectional compl. dates with Employer. I want to know can I claim back these damages/costs from subcontractor, and yes this subcontractors risk....
View ArticleNEC3 ECC: Contract period extended past Christmas holiday week
Contract completion date was end of November. Seven CE's have been implemented with a total additional time effect of 5 weeks. A revised programme has been issued showing the completion date 6 weeks...
View ArticleNEC3 ECC: Clause 17 Ambiguitites & Inconsistencies: Do information omissions...
On our interchange signalisation scheme Appendix 12 Clause 5.1 requires the Contractor to arrange with the Electricity Supply Company for the provision of an electrical service to the electricity...
View ArticleOption B - Cancellation of Work Order booking - Lost labour resource as a...
The employer has made booked in works into the contract programme and due to either the employer not progressing the works or changing the design which therefore causes a 3rd party to revoke working...
View ArticleAnswered: NEC3 ECC: Removing Scope
Yes, I can see no reason why the PM cannot instruct work to be deleted, change in Works Information, and therefore what would be a negative CE (saving in Defined Cost + Fee).
View ArticleAnswered: NEC3 ECC: Can the (a) Project Manager delegate his authority ad...
Antonia - I don't think you need to worry too much who they are delegating to, just who is authorized under the contract. If it ends up being the tea boy (or girl) as well then so be it. You just need...
View ArticleAnswered: TSC Option X19
Once the Task Order has been issued under clause X19.2 the Contractor is entitled to be paid the total of the Prices for the Task provided all the items of work in the Task have been completed. The...
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