Answered: NEC3 ECC Option A - Unistructed works carried out by the Contractor
By saying you want to assess this fairly - if you agree that the instructed work was something you wanted and will benefit from (even if not communicated correctly) then simply instruct a change to the...
View ArticleAnswered: NEC ECC: NEC4 ECC Option C design and build: COVID-19 as a...
Read this article here and if you have any specific questions, then do ask. https://www.linkedin.com/pulse/who-pays-covid-19-contract-risk-allocation-under-nec-contracts-jon/
View ArticleAnswered: NEC ECSC: Is a change in Law a CE under the NEC3 Short Contract?
No. Not unless it is written in as an additional conditions of contract.
View ArticleAnswered: NEC ECC: Retained Plant Damage Risk Allocation
The very fact that it is boxed up by the Employer implies to me that, whilst it is within the Site, it is not part of the 'works', so how can the Contractor be liable for it unless they are the ones...
View ArticleAnswered: NEC ECS: Rejection of the Compensation Event Due to Critical Path...
Whether or not the critical path has or has not changed is completely irrelevant when they are answering "is this a compensation event or not". When notifying a compensation event it is simply a...
View ArticleAnswered: NEC ECC: What happens if a Project Manager assessment is...
Under clause 60.1(8) if a Project Manager changes their previous decision this would be a compensation event. They can then assess a new CE for the element that they agree they have missed. However,...
View ArticleAnswered: NEC ECS: Can the Contractor recover costs from the Subcontractor?
My understanding of the law is that unless a remedy is stated in the conditions of contract for a breach - which in this case would be working outside the Site working hours (but as you are effectively...
View ArticleAnswered: NEC ECC: Is the purchase of Contractor safety equipment in relation...
Not in itself. Firstly, the threshold for clause 60.1(19) has to have been crossed. Then the Contractor has to demonstrate the extra cost as a result of the compensation event - not the 'event' i.e....
View ArticleAnswered: NEC ECC: When should the CE have been instructed?
I am not sure I really follow the point here. Changing a rate doesn't always mean you will change the time allowance as well. However, if the point is that the parties are really agreeing that there...
View ArticleNEC ECS: Can the Contractor recover costs from the Subcontractor?
NEC Option A - due to their own faults, the Subcontractor is in delay and proposing to work increased hours on site (over and above the working hours stated in the Works Info) in order to achieve the...
View ArticleNEC3 PSC Option E - Inclusion of Fee Percentage on Expenses
We have engaged a Consultant to undertake some early design feasibility i.e. RIBA Stage 1. We are utilising Main Option E. We have recently instructed the Consultant to obtain existing utilities...
View ArticleAnswered: NEC4 ECC: Option C - Self Isolation covered under the SCC during...
Context is often critical to these types of questions. However, if the isolation is following medical advice/government guidance of safe working then my view is that it does very closely align with...
View ArticleAnswered: NEC4 ECC B: Are travel to site costs Defined Cost?
Good answer by Steve above (which has listed as another question)
View ArticleAnswered: NEC TSC: Which NEC3 Option for Firm Price and KPIs linked to...
The TSC has three main options: 1 a priced contract (Option A), 2 a target contract (Option C) and 3 a cost reimbursable contract (Option E) Given that your starting point is wanting a firm price you...
View ArticleNEC ECC: How is clause 52.1 to be applied to Covid 19 Government subsidy
Further to the initial question; The situation in NZ is that under government imposed lockdown restrictions, building works were unable to proceed for a period of 4 weeks. The Government then provided...
View ArticleAnswered: NEC ECC: What is the procedure for this termination and what is the...
Have a good read of section 9 of the ECC contract along with the section 9 guidance notes and that should help you answer this exam question!
View ArticleNEC ECC: Use of provisional sums as a Z clause?
‘We are currently tendering for a circa £2m project under NEC4 Option B in which the following Z Clause has been inserted - Is it reasonable/workable? Z16 PROVISIONAL SUMS Insert new identified and...
View ArticleAnswered: NEC ECC: Assessment of quotation under 61.2 request for quotation
In simple terms yes. A clause 61.2 quotation is for a proposed instruction, to which the PM can either say they do not wish to proceed or to instruct them to go ahead. At the point of this initial...
View ArticleAnswered: Are you entitled to prelim costs on additional time if you complete...
You have not specified which contract you are working under to answer this. The fact you are using EOT probably means this is not an NEC contract as it doesn't use that language. It would also depend...
View ArticleAnswered: NEC ECC: Use of provisional sums as a Z clause?
Frankly no I don't like to see provisional sums in NEC contracts as the machinery of the contract is really not set up to deal with it properly. If approx. 25% of the work is so ill defined that it...
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