Answered: NEC3 ECC: Missing obvious item on the BofQ
I guess the simple answer is that yes, any items missing on the BofQ are an Employers risk as the Contractor had no where to price for them (60.6) and would be assessed as a compensation event....
View ArticleAnswered: NEC3 ECC: Can Contractor request partial handover if a CE has...
No you can not insist a partial handover. However, any additional cost and risk that this compensation event will incur can be priced for within that quotation including any additional security. I...
View ArticleAnswered: NEC3 ECC: CE has caused time delay and Completion Date is after 2...
Yes this can be included in the quote as it is a genuine risk/cost that will/could be incurred now as a result of this compensation event To limit the risk, the PM could give Project Manager...
View ArticleAnswered: NEC3 ECC: The role of the Supervisor in a Design and Build Contract
I wouldn't say it is a particular trend in my experience in terms of the decline of the Supervisor. Most Employers i experience would identify a separate named Project Manager and Supervisor as part of...
View ArticleAnswered: NEC3 ECC: Who owns the TRA on an activity that is deleted from the...
Any compensation event assessment should include TRA - this is the same for additions or omissions. If that then brings planned Completion forward, it creates terminal float. This terminal float is...
View ArticleAnswered: Subcontractor's programme acceptance
You can accept a programme without needing to worry about the liability of a CE. Let’s assume on the last accepted Programme their planned Completion/Completion Date is the same. If they have issued a...
View ArticleAnswered: NEC3 ECC: When does uncompleted work become a defect.
Under Clause 11.2(5) a Defect is a part of the works which is not in accordance with the Works Information, so this covers the situation you describe. If the Contractor has indicated that he does not...
View ArticleNEC3 ECC: When does uncompleted work become a defect
Sorry to labour the point - but the contract appears to allow the Project Manager to Certify Completion BEFORE all of the Works are necessarily completed. Indeed, the Contractor is likely to request...
View ArticleNEC3 ECC: Can redesign costs be disallowed for design non compliant with WI?
The PM has not issued any Notice of defect. The Contractor requested concession which was not granted and therefore had to make the design compliant. Is this rework considered disallowed costs?
View ArticleNEC3 ECC: Option B - Bill rates or compensation event?
I'm currently undertaking an Option B contract with a substantial amount of drawing changes. Do i have to use bill rates or can i issue each change as a compensation event?
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: How is Time Risk Allowance Progressed
If you have a programme with an activity on the critical path with a duration of 15 days and you have 5 days of TRA included in this (10 + 5) how is this progressed? If I complete within the 10 days...
View ArticleNEC3 ECC: Notifications are communicated separately. What about other...
Clause 13.7 requires that notifications are to be communicated separately from other communications. Would it be reasonable to request that both parties, us the Client and the Contractor, treat all...
View ArticleAnswered: NEC3 ECC: When does uncompleted work become a defect
Firstly let's go back to basics, the ECC does not use the concept of substantial or practical completion as the meaning of these terms is subjective, instead it replaces them with the objective test at...
View ArticleAnswered: NEC3 ECC: When does uncompleted work become a defect.
Firstly, if work hadn't been completed then the Contractor should not have been paid for it. Under Option A the PM should only have included completed activities in his assessments of the amount due....
View ArticleAnswered: NEC3 TSC: Is there a standard approach to dealing with reactive...
The simple answer is no, and I'm not aware that NEC has an official position on this either. Personally I amend secondary Option X19: Task Order by Z clause to use this for all unplanned / reactive /...
View ArticleAnswered: NEC3 ECC: How long after termination does the Project Manager...
The Project Manager does not have a role in administering the subcontract between Contractor and Subcontractor, it is the Contractor who does this. No timescale is stated in the short contracts and as...
View ArticleAnswered: NEC3 ECC: Liabilities for defects around take over
The first thing to do is establish who is liable for the defect - has it been caused by the Employer not operating / maintaining the works correctly, the design (who's design was it?), or workmanship...
View ArticleAnswered: Loss of Opportunity Claim
In short - NO. The Contractor's quotation is not in accordance with the clause 63 requirements for assessing a compensation event and as such the PM should either instruct the Contractor to submit a...
View ArticleAnswered: Creating Float on the Critical Path
if your are able to advance planned Completion through better performance reprogramming etc then the gap produced between this earlier date and the Completion Date is "terminal float" and belongs to...
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