Answered: NEC ECC: On an accepted CE, in quotation, if a Contractor's...
Yes there is an obligation on the PM to explain their own assessment - which includes how they got to the time element as well as the cost element. However the contract does not go into minutiae as to...
View ArticleAnswered: NEC ECC: Calculation of Descope costs
The answer is what ever your contract states is the answer. The fact you are using a schedule of rates to build up compensation events suggests those are the written rules, and the same would be...
View ArticleAnswered: NEC ECC: Under an option C contract, how would items that have been...
It depends who is consuming it and whether it is under NEC3 or 4. I only have NEC3 to hand, but think the location is pretty similar in NEC4. Under NEC3 Engineering & Construction Contract, if the...
View ArticleAnswered: NEC ECC: Calculation of Descope costs
I would also add that unless there is a specific clause in the Contract that allows this to take place the Employer is not allowed to de-scope the Works and then award to another Contractor to...
View ArticleAnswered: NEC ECC: Same Subcontract fee percentage applied to subcontracts...
In principle you're right, in the ECS there is a direct fee percentage and a subsubcontract fee percentage and each is applied to the relevant part of Defined Cost. If the Subcontractor is doing the...
View ArticleAnswered: NEC ECSC: Awarding contract post-covid that was tendered pre-covid...
Provided there is no breach of the Unfair Contract Terms Act (1977) then the Employer is entitled to include additional conditions in the ECSC. However your tender wasn't based on this amended contract...
View ArticleNEC4 TSC: Option C - defined cost for staff before the actual start day of...
We have submitted an application for payment to the Client which includes cost for staff for the time spent to prepare the task quotations (QS, Com. manager, planner etc). This cost was incurred before...
View ArticleAnswered: NEC ECS: Under NEC3 option A contract, can an appointed...
It totally depends on what the Works Information says, and also your interpretation of clause 73.1 that says "Subcontractor has no title to an object of value or historical interest within the site". I...
View ArticleAnswered: NEC ECC: Can the Employer recover its costs where a Contractor is...
No, the Employer should have stated in the Works Information what normal working hours applied to the Site and that work outside these times is either not permitted at all or only permitted in certain...
View ArticleAnswered: NEC4 TSC: Option C - defined cost for staff before the actual start...
If I was you I would ask them for what reason under the disallowed cost definition they are disallowing that cost. If it does not fit a specific reason then it should not be disallowed. Assuming that...
View ArticleAnswered: NEC ECC: Can the Principal Designer comments be used to instruct...
If the PM is instructing you to do the change suggested by the Principal Designer, then it is a compensation event under clause 60.1(1) regardless (but assuming it is not due to the two bullets in that...
View ArticleAnswered: NEC ECC: Collateral Warranty for Framework Agreement
I would imagine that the sensible thing to do would be to issue one collateral warranty that covers all of the individual orders rather than lots of individual warranties for separate orders. You would...
View ArticleNEC SC: What is the difference between the defects correction period and...
In the NEC4 Supply contract there is a defect correction period and a defect access period. How do these two relate to each other and does the correction period only start as soon as access is...
View ArticleAnswered: NEC ECC: How is clause 72.1 interpreted in removing equipment?
Clause 72.1 is just there to make sure that the Contractor is working efficiently. Under options A/B there is probably no remedy even if the Contractor fails to remove it if instructed, but under...
View ArticleAnswered: NEC ECC: What is the appeal process like for the Contractor in NEC3?
The "appeal" process in NEC3 for anything ultimately is adjudication. Before that you have the early warning process, where you can advise that withholding money that you don't think is correct is...
View ArticleAnswered: NEC ECSS: Short sub contract payment
The short form contract is slightly off in that it does not set out an express right to suspend for non payment; although the UK option set out in Clause 1.5 (see page 17) makes it clear that a...
View ArticleAnswered: NEC ECSS: Additional Works - can they be refused?
It depends if what they are instructing you to do is covered by the definition of the 'works' (in italics) in the Contract Data. For example, if the subcontract works was to do 'ground related to X...
View ArticleAnswered: NEC SC: What is the difference between the defects correction...
The defects correction period (dcp) is the time that the Supplier has to correct a notified Defect from the date of access. The defect access period (dap) is the time that following notification of the...
View ArticleAnswered: NEC ECC: Option B should we programme the Scope or the B of Q?
Wow, this is a really good question which has caused me to think! If I was a Contractor, at tender stage, I would certainly not price the direct cost of the BoQ omission. If the work was OFF the...
View ArticleNEC3 TSC: What volume of reactive works can be carried out under an NEC3 TSC...
Currently working on a NEC3 TSC contract with an X19 clause which is used to complete more complex 'task' works. If the Client was to instruct the removal of the X19 clause what level of works would we...
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