Answered: NEC ECC: Does the Contractor always have the right to notify a...
in accordance with clause 61.3 the Contractor is required to notify of an event which has happened or which it expects will happen if it considers the matter to be a compensation and the PM has not...
View ArticleAnswered: NEC PSC: Recovery of Costs from Design Issues
This would be a matter for the designer's professional indemnity insurance, your Client would have to prove that the Consultant had not used the skill and care normally used by professionals providing...
View ArticleAnswered: NEC ECC - Procurement during lock down (COVID-19)
Clause 19.1 is only the PM's obligation to issue an instruction, so if this has been removed but not clause 60.1(19), as @Tiplady says the Contractor still has a right to a compensation event. This...
View ArticleAnswered: NEC ECC: What should I include in a Covid-19 CE quote?
Under Option A compensation events are assessed using the Short Schedule of Cost Components with the types of cost you refer to being classed as people and you are entitled to recover the cost of...
View ArticleAnswered: NEC ECC: Planned Completion on Accepted Programme already passed vs...
Your predicament is not unheard of but I'd be stretched to say I thought it was usual. I'm not sure what this uncooperative PM thinks he / she is gaining by ignoring the programmes you are submitting....
View ArticleAnswered: NEC ECC: Covid-19 - Amended Prevention Clause (time only) - Deleted...
I can't comment definitively without seeing the words of the Z clause, but from what you say it seems that the Z clause gives another means of putting back the contractual Completion Date outside of...
View ArticleAnswered: NEC ECC: Can a CE be issued to omit works from Works Information if...
Once a compensation event is implemented it is full and final and can not be amended. The only exception to this is if the event had been based upon Project Manager assumptions, but even then these...
View ArticleAnswered: NEC ECC: Can bill of quantity rates be changed by agreement?
A compensation event is used to assess the impact of anything that impacts the contract works as tendered. The BofQ rates in your description would only be seem to be valid where they get a clear run...
View ArticleNEC ECC: Prevention wording compared to NEC3
In NEC4 one of the tests for Prevention is that the event impacts Completion of the whole of the works, whereas in NEC3 it was just Completion. I just wanted to understand (i) what the rationale for...
View ArticleAnswered: NEC ECC: What happens if the Projects Manager rejects a...
Once the PM has not accepted the CE and made a PM's assessment of the cost and time the CE is implemented in terms of the effects and and is not revised except in the limited circumstances stated in...
View ArticleAnswered: NEC ECC: Who carries the risk when a subcontractor goes into...
It would depend on the main Option. Under Option A this is a Contractor's risk however under Option C it would be a shared risk. There are circumstances in Option C where the PM may disallow certain...
View ArticleAnswered: NEC ECC: Retention on contracts
Very simply: - to be subject to retention, option X16 has to be specified. If it is not, then there can be no retention. - if X16 is specified, then the 'retention percentage' stated in Contract Data...
View ArticleAnswered: NEC ECC: Prevention wording compared to NEC3
I am not aware of the reasoning of the drafting committee but I think, in essence, prevention is supposed to be about a wide event rather than a localised problem and that is why you elevate it to the...
View ArticleAnswered: NEC - Most appropriate form of contract(s) for the provision of...
I would expect, if you used an NEC form, something like the short subcontract or even possibly the short supply contract would work. I would have thought bulk muck-away is better served by an Option B...
View ArticleAnswered: NEC TSC: COVID Relief under NEC4
There is no obvious replacement for "Prevention" at 60.1.(19) but there are a few that might be applicable depending on the circumstances. Consider 60.1(5) if the Service Manager instructs a stop to...
View ArticleNEC3 ECC Option A Contract - Contractor Delay
We have a Contractor (1) who is late in delivery of the works. We had planned another Contractor (2) to come in after Contractor 1 had completed their works. As it is we have had Contractor 2 come to...
View ArticleNEC ECC: Can the Employer specify a subcontractor?
The Employer included a few drawings for a specific type of work on site. The drawings they have used are from a certain subcontractor. They are under the impression that they have specified that we...
View ArticleAnswered: NEC ECC: Can the Employer specify a subcontractor?
It would depend on two things: - if they are a public sector client or a utility then they are subject to the 'The Public Contracts Regulations 2015' and almost certainly should have run a separate...
View ArticleAnswered: NEC ECC: Option A with Options X11 incorporated
If it is the Client's declared wish to terminate then you should be using the early warning mechanisms to discuss the issues and the way forward to terminate in a controlled way. This may well result...
View ArticleAnswered: NEC ECC: Option A , Error in pricing - X15 is incorporated in the...
Assuming it is the Contractor who prepared the Activity Schedule, then it is contractually his tough luck if he omitted to price work in the Scope. While 20.1 is relevant to this view, I don't think...
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