Answered: NEC3 ECC: Delay to planned Completion
If the Contractor is over running by one month with planned Completion one month beyond the Completion Date and there is a compensation event that moves planned Completion by one day, then Completion...
View ArticleNEC3 ECC: Does Defined Cost include the WAOH %
When calculating Defined Cost + Fee, does the WAOH charge % form part of the Defined Cost or is it treated separately? Just wondering as the % charge isn't technically a cost, but is it deemed a cost...
View ArticleAnswered: NEC3 ECC: How can credit value of Equipment can be deducted from...
It sounds like you have an amended Schedule of Cost Components if 23 has been deleted. That and any such amendments have to be taken on face value. The Contractor can claim the elements included within...
View ArticleNEC3 ECC: What is Defined Cost under option B
The term Defined Cost for future CE. I am not certain how the SSCC fits into this and how the remainder of items is to be priced. If the client reduces scope on a breakwater crest height by a negative...
View ArticleAnswered: NEC3 ECC: Does Defined Cost include the WAOH %
The WAO, component 44 of the SCC, is part of Defined Cost. It is deemed to cover the items list in the clause (the actual cost of which are therefore excluded from Defined Cost).
View ArticleAnswered: NEC3 ECC: Compensation event claim
If the Project Manager has accepted that this is a compensation event and requested a quote, they have two weeks to respond to your quote once submitted. If they fail to respond, then you can notify...
View ArticleAnswered: NEC3 ECC: Final Account costs
The concept of a final account does not exist in the NEC3, if the PM and Contractor manage the compensation event process effectively there is no need to have a final account. Assuming you're using...
View ArticleAnswered: NEC3 ECC: Are statutory service providers deemed as sub-contractors...
One way or another this risk should have been clarified at tender stage as to whose risk this was. A combination of Works Information, Employers risks, Z clauses should have made this clear as to whose...
View ArticleAnswered: NEC3 ECC: Option A, Defined Cost from SSCC or Subcontractor Quote...
The default position is that compensation events are assessed using Defined Cost - which will be by building up from the (Shorter) Schedule of Cost Components. The fact you have or haven't been using...
View ArticleAnswered: NEC3 ECC: Should Contractor get fee if Employer pays costs?
I am not sure what option you are under here. If you are under options A-D, I assume you have included those charges in your price - so why would the Employer have paid them? It would then need a CE to...
View ArticleLiabilities for defects around take over
In a scenario where the Employer takes over part of the works, and then begins operation of this, only to discover a defect which prevents use of the works, what is the Contractor's liability to the...
View ArticleNEC3 Option C - Compensation Event Subcontractor Fee
The main contractor submits a CE Quotation for work which is completely subcontracted out. The quote contains; Breakdown of Costs (from the s/c) 20% OH&P (which was added by the s/c) The main...
View ArticleNEC3 ECC: Liabilities for defects around take over
In a scenario where the Employer takes over part of the works, and then begins operation of this, only to discover a defect which prevents use of the works, what is the Contractor's liability to the...
View ArticleNEC3 ECC: Option C - Compensation Event Subcontractor Fee
The main contractor submits a CE Quotation for work which is completely subcontracted out. The quote contains; Breakdown of Costs (from the s/c) 20% OH&P (which was added by the s/c) The main...
View ArticleNEC3 ECC: NCE impact measured from time of NCE notification or time of EWN...
An EWN is raised in March stating Others are delaying starting their element of works. 6 months pass with periodic programme submissions being accepted and rejected. An NCE is then raised in October...
View ArticleAnswered: NEC3 ECC: Option C - Compensation Event Subcontractor Fee
No. If the main contract is Option C or D you will need to refer to the subcontract order to see what Fee the subcontractor is entitled to (Subcontract Data Part 2). If Option A or B then the Fee is...
View ArticleAnswered: NEC3 ECC: Transfer of non used TRA to other floats
Yes in a nutshell that is correct!
View ArticleAnswered: NEC3 ECC: Avoiding administering the contract by text messages
I would NOT agree that texts are a valid form of communication as they do not comply with clause 10.1 which requires every communication to be in a form that can be read, copied AND recorded. An email...
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