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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC3 ECC: Who carries the risk of exchange rate increase if the...

It is probably the longest period of forecasted cost to be included within a Contractor assessment. Not sure why you would ever want seven weeks forecast (I have seen regularly 1-4 weeks but not...

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Answered: NEC3 ECC: Ambiguity within Works Information clarified by Tender...

If during the tender process there was a TQ questioning do you want the shed demolished or left that was resolved stating "please demolish" then assuming TQ responses are part of the signed contract I...

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

All very well for Works Information to state that "ambiguities between Works Info documents" should be raised, but they might not have spotted them - what then? If it is so obvious that the Contractor...

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Answered: NEC3 ECC Option C: Ambiguity in Works Information?

What would have been helpful here would have been to "resolve" the ambiguity earlier. First question to resolve would be is or isn't the road signs to be part of the technology scope. You say the...

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NEC3 ECC what happens when I have 2 schedules of cost components?

If both the full SCC and Shorter SCC is used under an ECC Main Option C or A, it is understood that the Project Manager can use one or the other to make his own assessment and not both together?

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Using both SCC and SSCC under ECC Main Option A & C?

Under an ECC Main Option A or C, if both the SCC and Shorter SCC are used within the contract data, it is understood the Project Manager or Contractor use one or the other and not both to assess a...

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Should the Contract Documents include details of Tender Addenda?

Having received a significant addendum whilst tendering, should that have been included within the Contract Documents? We have a separate estimating/bidding team, and they had incorrectly filed the...

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Should the NEC Supervisor / Project Manager confirm in writing that a Defect...

The contract has been written to omit the Supervisor and transfer his duties and responsibilities to the Project Manager. The Works Information states that the Contractor must follow his own quality...

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11.2 (17) Definition Removed from Contract

If in a framework agreement the definition of a Subcontractor means a person (agents, etc) engaged to perform part or all of the work, and Clause 11.2(17) has been removed from the project specific...

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Who is responsible for accepting/confirming close out of a defect

The contract has been written to omit the Supervisor and pass on his duties and responsibilities to the Project Manager. The Works Information states that the Contractor must follow his own quality...

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NEC3 Option B - The affect of Z-Clauses and Contractors Proposals on...

Clause 60.1(12), 60.2, 60.3, 60.4 and 60.5 have been removed from an Option B Contract via a Z-Clause. The Works Information requires on site testing of formation following excavation and a...

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Can I claim gain achieved whilst within a CE

I have a current project in which the groundworks activity was generous in the time allowed and I expected to finish this item in 10 days rather than the 22 contained in the accepted programme....

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NEC3 ECSC: Payment of CE

I have an issue where our client is waiting for their end client to assess a CE which originated from us as a Contractor. This CE resulted from an instruction to complete additional works and has not...

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X1 - Price Adjustment for Inflation - Can you offer advice on a cap on the...

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NEC3 ECC: Are these elements to be included in a CE quote?

NEC Option C being used for main contractor, sub-contractor engaged by Contractor on NEC Option B Two parts to my question, please: 1. If I agree to prolongation as part of a CE, then the prolongation...

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NEC3 ECC: Under NEC 3 Opt B, when pricing a CE for an event that cause...

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NEC3 ECC: Clause 14.8 ; should we apply interest from day 57 and is there a...

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Answered: Who is responsible for accepting/confirming close out of a defect

If the PM has taken on the duties of the Supervisor then the role must rest with the PM in the same way as if rather than omitting the Supervisor the same name had been filled in for both PM and...

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Answered: 11.2 (17) Definition Removed from Contract

Simply deleting the definition of "Subcontractor" doesn't remove the idea of an entity being a subcontractor. All it does is remove the agreed definition and leave you with a plain English term....

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Answered: NEC3 ECC what happens when I have 2 schedules of cost components?

Just adding to Dave's answer, the SSCC and the SCC should, in theory, come to the same result as they are generally the same (it is just the detail that has been removed from the SSCC). In a general...

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