NEC ECSC: Contractors Design Liability under ECSC
If we looked at a scenario in which the Client has already let an ECSC contract including Contractor design, some of which is found to be defective. In the absence of any clauses confirming the...
View ArticleNEC ECC: Option A - Change of supplier due to Covid 19
Due to COVID-19, my Contractors tendered supply chain for a trade has closed with no sight of when they will re-open. They have found another supplier to try and avoid any more programme delay however...
View ArticleAnswered: NEC ECS: Option C ECS activity schedule payments - how is...
No - with option C the Subcontractor will be paid their Defined Cost which is all the cost they can prove they have spent in line with the schedule of cost components. Option C is fully open book. The...
View ArticleAnswered: NEC PSC: Z clauses wording in PSC
First of all, the potential Parties to a contract can agree any change they like prior to entering into a contract. They can even agree to change the conditions of contract once they have entered into...
View ArticleAnswered: NEC ECC: Contractor behind on pricing compensation events
It sounds an entirely reasonable strategy for dealing with a backlog, it won't go away on it's own and if the existing resource is struggling to stay on top of them the Contractor is at risk of the PM...
View ArticleAnswered: NEC ECC: Should the PM issue the COVID-19 CLC guidelines by way as...
By 'COVID-19 CLC' guidelines, I assume you are referring to the CLC 'Site Operating Procedures' document, with version 3 issued on 14 April. From your reference to CDM Regulations 2015, I am assuming...
View ArticleAnswered: NEC ECC: What to include/amend in tenders from now on? (COVID-19)
You are correct. Even if your solicitor hadn't removed clauses 19.1 and 60.1(19) it is likely / probable that Contractors entering into contracts after the Coronavirus outbreak would find it hard to...
View ArticleNEC ECC: We have X2 but 60.1(19) deleted. Can we still claim a compensation...
We do have X2 as a secondary option and there has been a law change due to Corona virus. However, the Z clauses have deleted 60.1(19) and the Project Manager is saying we can't claim a conference for...
View ArticleAnswered: NEC ECC: Change of supplier and increase to the prices due to...
The deletion of clause 19 in itself does not change the contractual risk allocation, clause 19.1 is merely the PM's obligation to instruct the Contractor how to deal with the event. Entitlement to time...
View ArticleAnswered: NEC ECC: Contractor to provide Insurance
This is covered under clause 84.1 of the NEC3 ECC in the Insurance Table which requires the Contractor to provide insurance against liability for loss of or damage to property unless the Employer has...
View ArticleAnswered: NEC ECC: Option E Defects cost
The Employer's entitlement to recover costs in respect of Defects are stated at clause 45.1. The right to do so depends firstly on the Contractor having been given access to correct a notified Defect...
View ArticleAnswered: NEC ECC: COVID-19 Compensation Events - What is recoverable?
There is no magic to a C-19 compensation event and it should be approach in the same way as any other. What is the event under 60.1 and what are the consequences. Trying to go from an overall approach...
View ArticleAnswered: NEC ECC: 60.1 (13) CE - Cumulative Rainfall within a month. Option A
It is fairly easy to prove something is a compensation event. It either did or did not rain in the month for either the 1 in 10 year event number of days, or the 1 in 10 event cumulative amount of rain...
View ArticleAnswered: NEC ECSC: Contractors Design Liability under ECSC
The ECSC should not be used for complex, risky design and construct projects. As you have discovered it contains no procedures for the submission of design for acceptance, undertakings to others...
View ArticleNEC PSC: Recovery of Costs from Design Issues
I have an NEC3 PSC Option C contract for detailed design of some flooding remedial works that isn't yet fully completed, which is concurrently being fed into a separate NEC3 Option C ECC contract for...
View ArticleNEC ECC: Clarification when a prevention event is a change in law
If it is acknowledged that the Covid-19 pandemic is a Clause 19.1 prevention event there is an obligation on the Project Manager to give an instruction to the Contractor stating how he is to deal with...
View ArticleAnswered: NEC ECC: Option A - COVID-19 Post Completion Date LAD's
See this link - https://www.linkedin.com/pulse/who-pays-covid-19-contract-risk-allocation-under-nec-contracts-jon/ for a article by yours truly. The long and short of it is that, under NEC3 (the...
View ArticleNEC ECC: Can the Client QS request re-cost loading of the programme just one...
We are the main contractor working on the NEC3 2005 Option A contract. We have had a fully cost-loaded baseline programme accepted by the PM, which will then form the basis of our future payment...
View ArticleNEC ECC: CECA Rates within a Compensation Event
Within our contract (NEC4, Option A), we have agreed to use CECA rates less a discount and this is the rate that I have charged for my equipment costs with a CE. However, the PM has highlighted the...
View ArticleAnswered: NEC ECC: CECA DAY RATE SCHEDULE
i would suggest the October 2019 version since that is the last (latest)
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