Answered: NEC3 Is a programme accepted by default?
Contractually, the answer is a definitive 'No' as there are no such express provisions saying this. However, I have heard of a number of adjudicators saying the PM did effectively accept the...
View ArticleAnswered: NEC3: Should a CE be put together with a view when the impact...
28th January 2015 Question 1 The assessment of the time effects should be made in accordance with clause 63.3 which states "A delay to the Completion Date is assessed as the length of time that, DUE TO...
View ArticleAnswered: NEC3 ECC: Deemed acceptance of inconsistencies
No. You need to ask the Project Manager to show you where in the contract it says this. Unless this is a Z clause amendment (which I doubt) then this is not the case. The contract states that you have...
View ArticleAnswered: NEC3 ECC: Option D - Consequential Costs due to Defects caused by...
Through the contract, I think the answer is 'No', except if the Defect means : - a Completion goes beyond a Completion Date, which could be a sectional Completion Date and option X7 Delay damages is...
View ArticleAnswered: NEC3 ECC: Delay to the works
I assume the Project Manager's rejection was based on no impact on Defined Cost because he considers that a Contractor's delay occurred first, and there are no other cost implications of the...
View ArticleAnswered: NEC3 ECC: Compensation Events and Fees
I am going to give a classic experts answer and that is "It depends". Useful ? No ! So here goes : - if you are under the cost based options C, D, or F, then - Â assuming the Subcontractor has assessed...
View ArticleAnswered: NEC3 ECC: Clarification of who is responsibility for notifying...
The intent is that 12 of the 19 reasons under clause 60.1 the Contractor is obliged to notify within 8 weeks of becoming aware of the event. The assumption otherwise is that the issue concerned did not...
View ArticleAnswered: NEC3 ECC: What happens if an "implemented" CE does not go ahead
"Implemented Compensation Event" under the contract means agreed in terms of time and cost. An event once implemented can not be revisited as it is full and final. Presumably there would have been an...
View ArticleAnswered: NEC3: Does Deductible cost for insurance part of the Defined Cost?
There are two parts to this question : 1. is it an allowable as a  Defined Cost in the first place; and 2. if 'Yes', is it a Disallowed Cost. Taking Defined Cost first : As the Contractor will be doing...
View ArticleAnswered: NEC3 ECC: PMs obligation to provide information by the required...
Just to add to Jon’s answer with some other points that may or may not be relevant to you:•  Period for reply is identified in Contract Data part 1 as the timescale to respond to any communication...
View ArticleAnswered: NEC3 ECC: Can money owed to a Contractor on one contract be used...
The answer maybe, I am afraid, that yes it is possible. There are, essentially, two methods through which such a deduction (known as a set-off) can be made. The first, as Jon has described, is a...
View ArticleAnswered: NEC3 ECC: Where do you apply the effect of a event to the Programme...
I think the real key to this issue centres around the obligations of 63.6 and 63.7 of the contract. 63.6 provides that assessments include risk allowance for contractor risks which have a significant...
View ArticleAnswered: NEC3 ECC: No delay damages
Taking your points raised one at a time : 1. To raise a CE it has to be one of those listed in clause 60.1 or in the individual options. 2. To be "raised against" the Subcontractor, I presume you mean...
View ArticleAnswered: NEC3 ECC: Change in quantities for a BofQ item - how is this assessed?
All of what Glenn says below or above is true IF the re-measurement is a result of there just being more or less work to do and no change in the Works Information. However, from what you say, the PM...
View ArticleNEC3 TSC: Is the Contractor entitled to claim the costs borne for preparation...
Is the Contractor entitled to claim the costs borne for preparation of a compensation event quotation under NEC3 TSC Option A?
View ArticleAnswered: NEC3 ECC: Site boundaries - can these be changed?
Site boundaries, in common with any other aspect of the contract, can be changed by agreement between the contracting parties. The definition of site boundary is found in contract data part one and...
View ArticleAnswered: NEC3 ECC: Option C, what fully qualifies as Defined Cost due to...
A good question! This turns on how you read the definition of defined cost (being a component of the price for work done to date which is the basis of interim payment). Under Option C defined cost...
View ArticleAnswered: NEC3 ECC: Long term sickness on an option C
I think the answer to this lies in whether the PM who is on long term sick still falls within people costs at all. In order to do so how normal place of work would have to be within the Working Areas....
View ArticleAnswered: NEC3 ECC Option D - Costs due to Correction of Defects
The disallowance under Option D in these circumstances is for "the cost of correcting Defects caused by the contractor not complying with a constraint on how he is to Provide the Works stated in the...
View ArticleAnswered: NEC3 ECC: Professional fees included in SCC?
This question arises from time to time. You are correct that neither the contract now the guidance notes are explicit on the point. However, I believe it would fall under a special allowance or would...
View Article