NEC3 ECS: TRA for removed scope
My Subcontractor has TRA aginst testing activities. We are removing the testing from the Subcontract. I know TRA can't be used by the Contractor, but can this TRA be removed as the scope is removed, or...
View ArticleNEC3 ECC: Main Option Clause C - Domestic Sub-Contractor Option A or B?
If your main contract is let under an Option C, can you let your domestic subcontract packages under Option A & B? What level of evidence do you require to substantiate a final account externally...
View ArticleNEC3 ECC: Provisional quantities in an option A contact for reinforcment...
Our client is looking to let an option A contact for concrete frame with reinforcement to be re-measured Should values current values for reinforcement be within activity schedule? Would the...
View ArticleNEC3 ECC: Additional design costs incurred as advised via EWN
On a design and demolition contract using ECC option C (where the Contractor designs the entire process to demolish and then implements it) an EWN has been received from him stating additional design...
View ArticleAnswered: NEC3 ECC: Recovery of Incidental Staff People in CE Assessments
Clause 63.1 requires you to do a comparison of the Defined Cost before the event and the Defined Cost after the event. The difference is the change to the Prices. If the staff have to spend more hours...
View ArticleAnswered: NEC3 ECC: Under option C, if a quotation for a proposed instruction...
No! There is no where in the contract that allows for this recovery (unfortunately). However, too many of these will mean you spend less time on them and they include more risk, so not in an Employers...
View ArticleAnswered: NEC3 ECC: Omitted some areas of work to save time and money
No. The omitted works is a compensation event, which should include the defined cost estimate as to what the works would have cost PLUS the fee, so they do not get to retain it.
View ArticleAnswered: NEC3 ECC: PM assumption under 61.6 was wrong but they do not state...
You are right, if a PM stated assumptions has been proven to be incorrect the PM is obliged to notify of a compensation event under 60.1(17). If you have notified the PM under 61.3 that you believe a...
View ArticleAnswered: NEC3 ECC: Acceptance of revised programme, but fundamental changes...
Regarding the manholes, if the work was before the progress date of the programme update then it should be a matter of fact when they were completed and how long they took. If the durations are not...
View ArticleAnswered: NEC3 ECC: Amount due to a Subcontractor under ECS Option B for...
Under an Option B subcontract the Price for Work Done to Date is, in part, the quantity of completed work for each item in the Bill of Quantities multiplied by the rate. Therefore if the quantities in...
View ArticleAnswered: NEC3 TSC: what's the best way to deal with work carried out by the...
If the Contractor has done works not instructed then this will not be a compensation event. Given that a compensation event is the only way that they can claim anything over and above the Price that...
View ArticleAnswered: NEC3 ECC: Which can Project Manager use - SCC or SSCC
The relevant clauses in the un-amended ECC specify which schedule is to be used: Option A Clause 11.2 (22) specifies the Shorter SCC. Option C Clause 11.2 (23) specifies the full SCC. If you are using...
View ArticleAnswered: NEC3 Option Y(UK)3
No I believe the opposite is true. Unless a third Party is named under Y(UK)3 then they have no rights under the contract further down the line.
View ArticleAnswered: NEC3 ECC: Option B - Cancellation of Work Order booking - Lost...
Any such items would be assessed as a compensation events - which would generally be calculated using Defined Cost (shorter schedule of cost components) rather than a pre-determined rate within BofQ....
View ArticleNEC3 ECC: SSCC - Charge 41 Application
Is it intended that Equipment e.g. fuel bowser, generator, and indeed fuel for generators required to provide electricity to the Working Areas (site compound which has been included in the Working...
View ArticleNEC3 ECC: Can Employer bring the current knowledge into picture to assess the...
My employers is late in assessing a CE's and the current programme show mitigation from the last accepted programme, the Employer is assessing one of the time impacted CE's and of the opinion that the...
View ArticleNEC3 ECC: Who bears the cost of a value engineering proposal which was...
ECC option D: The Contractor submits a proposal for a Value Engineering (VE) and the Employer accepted the proposal but before the implementation of the VE there have been changes on the Main design...
View ArticleAnswered: NEC3 ECC: Contractor has not supplied commissioning documentation...
You can only "claim a CE" against a Contractor if it is a valid reason within clause 60.1 - which I do not see this as a reason. In fact the only CE the Project Manager can really notify in order to...
View ArticleAnswered: NEC3 ECC: Do both parties have to sign an ECS contract for it to be...
Practically speaking yes, but contractually speaking not necessarily. Pretty sure the lawyers will confirm that a contract exists if the Parties are proceeding with the works even though the contract...
View ArticleAnswered: NEC3 ECC: Option A - Tendering - Construct & Maintain
Only real way you can do this is either submit a technical query (which everyone will see) suggesting this scenario for everyone possibly to offer an alternative price. Alternatively you could submit...
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