Answered: NEC ECC: Payment certificates after Completion
It is not necessary providing the Contractor is not submitting applications. If the Contractor is submitting applications with the disputed sums in it, then the Project Manager would need to respond...
View ArticleAnswered: NEC ECC: Whose liability are items missing on thE activity schedule...
Items on the activity schedule have to relate to items on the programme but the programme and activity schedule are separate contractual documents which serve different purposes. The programme will be...
View ArticleAnswered: NEC3 Option C disallowed Subcontractor costs
The only disallowed cost that the Project Manager could apply would be if it was a Defined Cost paid to a Subcontractor which should not have been paid. So as long as it can be demonstrated that each...
View ArticleAnswered: NEC ECC: Covid-19, would X2 be a valid reason to notify and be able...
It seems like your question relates to a Term Service Contract, which does not include the 'prevention' clauses found in the ECC form, except in relation to a Task Order at X19.10 (6) (NEC3). If...
View ArticleAnswered: NEC ECC: Working Area - In light of Covid-19 should it be changed...
In theory there is no limit to what you can add to the Working Areas, so long as it is used to Provide the Works and also not used for 'other work'. One of the problems with such an arrangement,...
View ArticleAnswered: NEC ECC: Cracks in paving construction ECC Option A Client Design -...
It appears that the cause of the cracks has not yet been established i.e. design or workmanship / materials. You should therefore use your powers to instruct the Contractor to search for a Defect under...
View ArticleAnswered: NEC ECC - Time Risk Allowance and Changes to Critical Path
Yes individual items on the programme should have had TRA considered and demonstrated in case they become critical and to demonstrate that it is a practical realistic programme. It is not only the...
View ArticleAnswered: NEC ECC: Compensation Event Assessment when Contractor delays another
The answer is (1). The logic is: - Presumably, it says somewhere in the Client's Scope document that the Contractor is the Principal Contractor and is to provide welfare facilities. - The PM issues an...
View ArticleAnswered: NEC ECC: Clause 63.1 - "Should have been instructed...."
Yes, you have answered your own question. Cl 63.1 confirms the date the assessment should be based on and clarifies the switch point from using actual Defined Cost to forecast Defined Cost. Your...
View ArticleAnswered: NEC4 - Option A, X15 included. Value Engineering? Changing to...
Yes, the Contractor can change the method shown on the Accepted Programme for the circumstances you describe. In doing so the Contractor may need to resubmit the Activity Schedule in accordance with...
View ArticleAnswered: NEC3 Option E Clause 31 Z Clause
If they have not deleted the definition of the Accepted Programme and you referenced a programme from Contract Data part 2, then there will be an Accepted Programme in place, just not necessarily an up...
View ArticleCoronavirus change in law x2 (Scotland)
I am currently working on an NEC 3 project with X2 Changes in the law applicable (no change to the standard clause). Due to the coronavirus the following legislation has been made:- Coronavirus Act...
View ArticleNEC4 Value Engineering / Contractor's Proposal
We have a contract ongoing whereby there is / will be a number of VE options. We have got a few smaller items agreed already but we have identified a proposal that would save both sides a 6 figure sum....
View ArticleNEC ECC: Option B - Re-measurement procedure
Under NEC3, our client has referred to an item in our Bill of quantities that has been priced at £6000 and he knows that only £1000 of this has been spent to date and no additional works are to be...
View ArticleNEC ECS: addition of rates to the contract to a B of Q
I'm working with a NEC3 ECS Option B. The subcontractor has forgotten to provide a rate for specific item of works that was stated on the BoQ to be priced for (the line item and quants are in the BoQ,...
View ArticleNEC ECC: Take Off Risks under Option C Contracts
Under NEC Option C, can the contractor include a risk allowance for quantities even when they themselves have produced the design and drawings ? If so how can the two parties determine what is...
View ArticleNEC ECS: addition of rates to the contract to a BoQ
I'm working with a NEC3 ECS Option B. The subcontractor has forgotten to provide a rate for specific item of works that was stated on the BoQ to be priced for (the description of the item and its...
View ArticleAnswered: NEC4 Value Engineering / Contractor's Proposal
Valuing VE under clause 16.1 of the NEC4 contract is for the Contractor to put forward a proposal and for the PM to accept or not accept that proposal. it does not go into detail on how the Contractor...
View ArticleAnswered: NEC ECC: Items missed from fixed price
I cannot answer this due to uncertainty over.: - what 'red-penning' means; - who did the red-penning and when? - when were the construction drawings issued: pre or post-contract? - where was the caveat...
View ArticleAnswered: NEC3: Option A - Compensation Event valuation of Defined Cost
Like many compensation event assessments it is rarely a straightforward matter. The assessment of any compensation event is the Defined Cost which is due to the effect of the compensation event, that...
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