Answered: NEC ECC: How long should an agreed Target Cost stay valid ?
When you say "agreed with the provider" does that mean you have signed the contract? Obviously at that point the Target is fixed and any change to that would be managed through the compensation event...
View ArticleNEC ECC: Client is refusing to instruct social distancing claiming it is our...
The Client is refusing to change the Work Information / constraints with regards to social distancing. We as a Contractor would be looking to follow the government guidance with regards to social...
View ArticleAnswered: NEC ECC: Impossible Requirement
Interesting question. Am I right in thinking “build to print contract” means it is construct only contract with Employer’s design. If so the Employer should have set out the specification for the works...
View ArticleAnswered: NEC ECS: Instruction de-scoping work - do I terminate a...
You have to follow the correct contractual processes you have with your Subcontractor in accordance with the contract you have with them. If an instruction to you removes the specialist equipment they...
View ArticleAnswered: NEC ECS: Works removed in entirety from Subcontractor due to Covid
Whether or not the instruction is due to Covid or not does not change the fact that the works you had engaged your Subcontractor to do are not now to go ahead so you will have no choice but to...
View ArticleAnswered: NEC ECC: Client is refusing to instruct social distancing claiming...
Whether or not they instruct you does not mean you should not be doing it. You need to instruct your workforce/supply chain how to work particularly given this is their health and safety that we are...
View ArticleAnswered: NEC ECC: Under option C, can a negative CE be issued for scope that...
If it was a Project Manager assumption that they should assume that they will have to include for a muckaway within their quote, this assumption proving to be incorrect is now a new CE (60.1(17)). If...
View ArticleNEC ECSC: Awarding contract post-covid that was tendered pre-covid and risk,
NEC3 shortform jobs tendered before Covid-19, are now being asked after letters of intent issued for us to allow amending clause 60.1.(12) to read 'Contract Award' in lieu of 'Contractors Offer' thus...
View ArticleAnswered: NEC ECS: Separate Activity for Management cost in an Option A...
If you are preparing the Activity Schedule, it can have whatever you want in it. The practical question is, 'can you clearly identify when it has been completed?' so you get paid for it. In the case of...
View ArticleAnswered: NEC ECC: Inclusion of Compensation Events - Option A
The traditional approach to provisional / daywork / contingency sums used by other contracts was not adopted by NEC in the ECC or any of the other contracts in the family. It isn't good practice to do...
View ArticleAnswered: NEC ECC: On FastDraft is there away in which to award the PM an...
There is not such a function on FastDraft I am afraid as we are trying to encourage people to work within the timescales of the contract. If we added loops for every type of communication to be...
View ArticleAnswered: NEC ECC: Covid-19 - Whats the best way to assess the loss in...
To assess loss of productivity you would have to rely heavily on the accepted programme and the clause 62 programme for the CE. Essentially its no different from assessing the impact of any other CE....
View ArticleAnswered: NEC ECC: What happens when submitting an impact programme the delay...
What you need to be able to do is demonstrate that at the time the CE was instructed (or notified if not off the back of an instruction) show where planned Completion was taking into account progress...
View ArticleNEC3 TSC: X19.10(6) An event which stops the Contractor completing a Task
In the Term Service Contract, can cancelled shifts as a result of high winds be captured under clause. X19.10(6), ie: (6) An event which - stops the Contractor completing a Task or - stops the...
View ArticleAnswered: Activity Schedule accepted, but not the programme
There are three reasons for not accepting the revised activity schedule - which are independent for the acceptance process for the programme. The first reason for not accepting a revised activity...
View ArticleAnswered: NEC ECC: Does Completion Date moving due to CE allow increase in...
No, if you look at the specific wording of section 7. Insurance under NEC3 or 8. under NEC4 (I think the wording is the same regardless and the same whether its the full SCC or Shorter SCC) it is...
View ArticleAnswered: NEC ECC: People Costs during Covid-19
This hinges on a number of things: 1. When did the clause 60.1(19) event occur and my view is that it is different under NEC3 and NEC4 - see here for an article:...
View ArticleAnswered: NEC ECC: Should CE be based upon actual or forecast if now known?
You will find the answer to this in clause 63.1. It should be based upon the actual defined cost of work done, and the forecast Defined Cost of the work not yet done. It goes onto say the switch point...
View ArticleNEC3 PSC Option C - Pain/Gain
I wanted to double check what figures are used when working out the pain and gain through the contract. I have the following 1. Agreed contract sum (original contract + agreed CE's) - A 2. Forecast...
View ArticleNEC PSC: Under option C, what can change the Prices?
Under NEC3 PSC option C, I can see very clearly the following would change the Prices (i.e. the target): - implemented compensation events (65.3) - acceleration quote (34.4) - X1 price adjustment for...
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