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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC3 ECC: Removing Scope

Yes, the Project Manager has the authority to add or remove scope from the contract by changing to the Works Information. His authority to do this is stated in clause 14.3. Even if the deleted work is...

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Answered: NEC3 ECC: Supervisor test and inspections closing up the works

You wont find it in the contract but you should find it within your project specific Works Information. Failing that, normally I  find projects agree at the start of a project the ITT (inspection and...

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NEC3 ECC: Issuing Certificates

Clause 30 states that the Project Manager certifies completion. Similarly, clause 43 states that the Supervisor issues the Defects certificate. However, neither clause says who the certificate are...

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NEC3 ECC: Could some one please explain to me what the "on cost charge" as...

Also as referenced in the Contract Data part 2.

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Answered: NEC3 ECC: Employer wants Contractor to show realistic duration...

I f I was you I would not worry about what you or the Employer want to call it. The fact is that if planned Completion is ahead of the Completion Date, this float is "owned" by the Contractor. Clause...

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What is the effect on the critical path and cost of a CE on a critical path...

I have a project that since the last Programme of Works (PoW) was submitted and accepted has moved ahead of schedule. Immediately after submitting this PoW a 1 week delay was encountered as a result of...

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NEC3: Option D; In Schedule of Cost Components (SoCC) 1.2 & 1.3, Is it a...

NEC3: Option D; In Schedule of Cost Components (SoCC)  1.2 & 1.3, Is it a requisite that these items should be included as entitlements in the Employment Contract or HR policies? If not included or...

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Answered: NEC3 ECSC: Compensation event timescales

Under clause 62.3, if the Contractor does not provide a quotation then the Employer assesses and notifies the Contractor of his assessment. The whole CE process is less rigorous in the short contract...

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NEC3 ECC: Reducing Target Cost for Works not carried out

If a Contractor includes an activity in a target price (option c) but then when coming to review the 'final account' and the work wasn't required in the end, is the target price adjusted (i.e negative...

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NEC3 ECC: Percentage of People Overheads applied to Subcontractor's People

When assessing a CE on Defined Cost, is it correct to apply the percentage of people overheads, as defined in the contract data, to the cost of the subcontractor's people? For example, if a...

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NEC3 ECC: An email was sent to the Employer stating that the ventilation...

Can the client try and recover additional costs from the contractor if it is found that his equipment is exempt. I thought a SI was an automatic Change to the Works Information consequently the...

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Answered: NEC3: Option D; In Schedule of Cost Components (SoCC) 1.2 & 1.3, Is...

Firstly the Contractor should demonstrate that the payments have been made and secondly that the payments made are in accordance with company policies.

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Answered: What is the effect on the critical path and cost of a CE on a...

The starting point is to take the last Accepted Programme (62.2) , then update for progress and then impact each event on the programme. It is a step by step process to get to the right answer.

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Answered: NEC3 ECC: Could some one please explain to me what the "on cost...

The on cost charge refers to the data inserted by the Contractor in Contract Data part two page 76 in the ECC black book Data for Schedule of Cost Components Equipment                 time related...

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NEC3 ECC: What if the Contractor did not follow a procurement procedure?

Under ECC option D: 1. What if the contractor did not follow procurement procedure; Clause 11.2 (25) "was incurred only because the contractor did not follow procurement procedure". Procurement...

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NEC3 ECC Option C: Ambiguity in Works Information?

NEC3 Option C. Series 1200 works information calls for road signs past chainage ch1000. Series 1500 says no technology is to be installed past ch1000, contractor considers road signs to be part of the...

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NEC3 ECSC: If a Contractor is aware of ambiguity between drawings within the...

During a EW risk reduction meeting a Contractor stated he was aware of ambiguities between drawings at tender stage but to be more competitive he choose not to price these items, but has now during the...

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Answered: Non payment of Activities NEC3 Option A

The Activity Schedule is just a payment schedule as clause 54.1 advises it is not Works Information. If the planned method of working has been changed then the Contractor should submit a revised...

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Answered: NEC3 ECC:Both Parties in Delay

You assess the delay's in the order that they have occurred. The late issue of material was the first delay and you assess what impact that had on the planned Completion and move Completion Date by...

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NEC3 ECC: Can you claim for delay costs in a CE if you are paid on Actual costs?

I have submitted a CE based on Actual cost, Therefore my Client has removed my delay costs as they believe if the CE is based on actuals then we should base our delay on the current programme,...

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