Answered: What are the reasons for growing case laws concerning NEC3 ECC in...
You seem to have asked this question before which we have answered but I will answer it again with the same answer: I am not actually sure that they are, but IF they are, I think it has gone from zero...
View ArticleNEC3 ECC: Rainfall - Weather CE
In a the following scenario, can someone provide guidance if indeed the PM was to make an assessment. Contractor notifies a CE due to rainfall exceeding one in ten year data. The weather centre issues...
View ArticleAnswered: NEC3 ECC: Contract Manager or Director costs
I would agree that this should be payable under element 11 of SCC (wages paid by the Contractor for people paid according to the time worked whilst they are inside the Working Areas) assuming they were...
View ArticleNEC3 ECC: Recovery of Incidental Staff People in CE Assessments
Under option A is the Contractor entitled to recover incidental staff (people) costs in assessing a compensation even where no programme prolongation has occurred or additional staff having to be...
View ArticleNEC3 ECC: Improving the compensation event process
How can the compensation event process be improved to make the process more efficient from not only a client and contractor but also a PM's perspective?
View ArticleNEC3 ECC: If the Employer omits elements of work, is the Contractor entitled...
The Employer has omitted some elements of fixtures fittings and equipment from the project, prior to them being ordered. They were all priced in the B of Q. The Contractor has omitted them from the...
View ArticleAnswered: NEC3 PSC: Dealing with Negative Compensation Event
Yes you can have a "negative" compensation event - assuming this was originally a clear requirement in their Scope. You then assess this as a (negative) compensation event, for which you calculate the...
View ArticleAnswered: NEC3 ECC: No signs of Completion - what can the Employer do?
Start by raising an early warning and holding a risk reduction meeting to share concerns and see what measures can/should be put into place to minimize further delay. You should remind the Contractor...
View ArticleAnswered: NEC3 ECC: NCE impact measured from time of NCE notification or time...
Certainly not from the point at which the early warning was raised. The early warning was raised when this MIGHT be an issue. As soon as it WAS an issue that should have been notified separately as a...
View ArticleAnswered: NEC3 ECC: Time frame for assessing Compensation Events when...
Project Manager should respond to your quotation (or additional information) within two weeks. If they fail to do so you can/should notify them of this lack of response. A further two weeks later with...
View ArticleAnswered: NEC3 ECC: Can redesign costs be disallowed for design non compliant...
Under option C the only things you can disallow are costs that state specifically you can disallow. Otherwise any such cost would be shared under the option C mechanism i.e. you wont change the target...
View ArticleNEC3 ECC: PM assumption under 61.6 was wrong but they do not state a...
If a Project Manager states an assumption to base a quotation upon, what happens if the assumptions prove to be worse? 61.6 goes on to say if any of them is found to be wrong, the Project Manager...
View ArticleNEC3 ECC: Omitted some areas of work to save time and money
The client has omitted some areas of work to save time and money. The main Contractor has confirmed the saving on the omissions but is claiming loss of profit on the omitted items. The reasons for the...
View ArticleAnswered: NEC3 ECC: Option B - Bill rates or compensation event?
Without wishing to sound too pedantic I think the wording of the question is slightly confused. If the revised drawings are a change to the Works Information then this would be assessed as a...
View ArticleAnswered: NEC3 ECC: T&S costs relative to the SCC
You can disallow any costs that are dis-allowable. Firstly I suggest you should raise an early warning about their unhealthy lifestyle (coffee and burger king). On a more serious point - I would ask...
View ArticleAnswered: NEC3 ECC: What is the usual level of insurance where X18 is in the...
Whilst there is a link between the levels of insurance set out in the contract data and also the entries in X18, there is not a generic answer to this question. I'd suggest that you consider the...
View ArticleNEC3 ECC: The PM has insisted on a specific supplier for an item affected by...
The Pricing information from the client refers to a specific supplier for a boiler. The boiler is supplied by a continental company and no alternative will be accepted by the Project Manager. Due to...
View ArticleNEC3 ECC: PMI to Proceed With The Works
NEC Option A – Design and Build Basis The Employers PM has raised a PMI under Clause 61.1 to make a fundamental design change to the WI, with the wording of “proceed with the works” The instruction...
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