NEC ECC: Item in Scope but not in BofQ for an option B contract
An item of work is in the Scope but not on the BofQ. The Contractor had not noticed that item at tender stage, they clearly have NOT allowed for that within their first Accepted Programme, and there...
View ArticleAnswered: NEC3 ECC: Option A - an auditor has suggested clause 52.1 defined...
Absolutely not!!! What you need to ask them is that if they do an audit and find that you under priced things would they pay you the extra, and very quickly they will tell you no. As you say, under...
View ArticleAnswered: NEC ECC: Option x2 - Covid 19
The law has changed yes but the Coronavirus Act 2020 is an enabling piece of legislation i.e. it enables Government to (quickly) bring in Rules and Regulations without having to go back to Parliament...
View ArticleAnswered: NEC3 TSC: What volume of reactive works can be carried out under an...
The Client cannot "instruct" the removal of a contract clause. Any changes to the contract conditions can only be done by agreement of both Parties, 12.3 and 12.4 in TSC, and there is process for this...
View ArticleAnswered: NEC ECC: What level of detail is the PM required to give for his...
The contract does not need to state, but it is always helpful if it does, to give certainty and practical guidance to the parties for THIS contract. The law requires the PM to give enough detail that...
View ArticleNEC3 ECC: Option A - an auditor has suggested clause 52.1 defined cost...
My understanding was that clause 52.1 applies to defined cost which is used for compensation events using the shorter schedule of cost components.The auditor has however explained to me that they would...
View ArticleAnswered: NEC ECC: Item in Scope but not in BofQ for an option B contract
Once a compensation event is triggered, the assessment always includes consideration of time and cost based on the change due to the compensation event. Clauses 60.4 and 60.5 give the threshold for a...
View ArticleAnswered: NEC3 ECC Option B: What costs can a Contractor reasonably claim for...
They can claim what ever cost will result from the one day delay. If they are now going to be on site for one day longer i.e. planned Completion has moved by one day, then yes they would be entitled to...
View ArticleAnswered: NEC ECC: Incorrect quotation assessment by Project Manager
This answer as put up by Mike Tiplady and emailed to me, but for some reason did not show up when I went to the question:"it depends on what the Adjudicator was asked to do and what he did do. if he...
View ArticleAnswered: NEC ECC: Interpretation of NEC4 SOCC
Computer software (as well as the laptops themselves) fall within the definition of Equipment. Assuming the software (and laptops) are required in order to Provide the Works and are used within the...
View ArticleAnswered: NEC ECC: Defect correction prior to completion
Sectional Completion and the overall Completion should comply with the definition of Completion in clause 11.2. To achieve Completion it should be free of defects that would prevent the Client or...
View ArticleAnswered: NEC ECC: How are Prices reviewed for a compensation event that is...
The Project Manager would instruct the Contractor to submit a quotation. The Contractor would submit a quote and the Project Manager would either accept the quote or not, and if not either ask them for...
View ArticleAnswered: NEC ECC: What if the Contractor installs something better than the...
The answer may be nothing, as if the Works Information stated to install a certain specification as a minimum and this door exceeds that (but complies) then this would not be a defect. If however the...
View ArticleAnswered: NEC ECC: What happens if takeover causes unnecessary interference...
If the Employer takes over works prior to Completion, then this will be a compensation event under 60.1(15). Any additional cost the Contractor incurs would then be recoverable, and also there would be...
View ArticleAnswered: PSC NEC3 Option C - Programme delay compensation event
I think this really depends on whether it was an obligation on the Employer to actually respond to this report or not. The fact that it is on the accepted programme is not really so relevant. If this...
View ArticleNEC ECC: If an Employer has a contractor with a Contractor to demolish and...
If an Employer has a contractor with a Contractor to demolish and rebuilt a site, does the Contractor have rights to sell the scrap materials from that site?
View ArticleAnswered: NEC ECC: Can you add to the Activity Schedule in NEC 3 Option C
Yes the Contractor can by all means propose a change to the activity schedule, but not to change the Prices i.e. they can add items to the activity schedule but would have to decrease other activity...
View ArticleAnswered: NEC ECC: Why Core clauses state single digit and sub clauses state...
Because they do! That is all I have I am afraid. They split the 9 sections of the contract using single digit numbers. Each section within that section is then split into 2 digit numbers, and each...
View ArticleAnswered: NEC ECSC: Clause 62.3 CE quote acceptance
NEC4 has introduced deemed acceptances into the short contracts that were missing in NEC3. You are also correct that the short contracts do not have a separate implementation section. So at the point...
View ArticleAnswered: NEC ECC: If an Employer has a contractor with a Contractor to...
It depends what is said in the Works Information/Scope. If the Contractor is required to simply demolish the building and leave the remains on site (which seems unlikely if construction of a new...
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