NEC3 ECC: Assessment of a Compensation Event under NEC3 Short Form
We are currently in dispute with the Contractor regarding how a CE should be assessed under the NEC3 Short Form. The client has insisted on a Bill of Quantities being included . We have instructed the...
View ArticleNEC3 ECC: Can PM instruct that all communications which the Contract requires...
Clause 13.7 requires that notifications which the contract requires are communicated separately. The operative word being "notifications". Does this apply, or can I make it equally apply, to each...
View ArticleAnswered: NEC3 ECC: What allowances (components) can be made for the People...
The People Overhead is used in conjunction with the Shorter Schedule of Cost Components to calculate a charge/allowance to cover the cost of the items listed in paragraph 44 (which may be amended by Z...
View ArticleAnswered: NEC3 ECC: If the Employer and Contractor are both in delay, can the...
If they are both in delay, they should have already been assessed in accordance with the contract. Which ever one came first should have been assessed as its impact upon planned Completion. If it moved...
View ArticleNEC3 ECC: delay assessment with no accepted programme
The Contractor has submitted a quotation for a CE and included a current accepted programme to show the delay caused, the concern is, is that at the time of the event there was no accepted programme...
View ArticleNEC3 ECC: Compensation event that changes access dates
My query relates to where the contract sets out procedures for changing access dates as a result of a compensation event. Example is: X5 is a selected secondary option. There are 3 sections (1/2/3),...
View ArticleNEC3 ECC: Requested to submit a quotation under 61.2, then instructed at cost...
The PM has requested a quotation for works under clause 61.2, a quotation was submitted which was then instructed via a PMI as 'cost to be agreed'. Am I correct that the PM should have either requested...
View ArticleNEC3 ECC: Termination but retain Subcontractors Equipment
I wish to terminate with my main Contractor but complete the works using their current subcontractor and the subcontractors Equipment. Is this possible under NEC3.
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: Assessment of a Compensation Event under NEC3 Short Form
We are currently in dispute with the Contractor regarding how a CE should be assessed under the NEC3 Short Form. The client has insisted on a Bill of Quantities being included . We have instructed the...
View ArticleAnswered: NEC3 ECC: Requested to submit a quotation under 61.2, then...
It is not as simple as if they instruct your quote to proceed then by default your quote is agreed. A clause 61.2 is a “what-if” scenario. If I was to ask you to do something, what would the time/cost...
View ArticleAnswered: NEC3 ECC: Compensation event that changes access dates
Not too sure if there is a problem here. If there is a compensation event pushing out section 1 by four weeks, then that has a knock on effect to the completion of sections 2 and 3 and the overall...
View ArticleAnswered: NEC3 ECC: delay assessment with no accepted programme
There is a big fundamental problem if there is no Accepted Programme in place at all. Clause 50.3 should have been used to withhold 25% often Contractors payments until such time that the first...
View ArticleNEC3 ECC: Assessment of CE's Option B
Thanks for taking time to reply to me it's greatly appreciated, you are correct the drawings are part of the works information. I've told out client that I wish to price each CE as an individual item...
View ArticleNEC3 ECC: Option C, what should the formal process be for warranties...
e.g. Contractor procuring Equipment such as a 412kV High Voltage Transformer to be installed and commissioned by the Contractor. Does the OEM warrenty for the transformer stay with the Contractor until...
View ArticleNEC3 ECC: Cost of Insurance Policy which is non compliant to the contract is...
NEC3 Option D: under amended SoCC 7 Bonds & Insurance, includes cost of procuring all risk Insurance. During cost verification it was found out that the insurance policy was not compliant to the...
View ArticleNEC3 ECC: Option B, Compensation Events resulting in BQ Items becoming redundant
Looking for guidance in the correct method to evaluate a compensation event arising on a project. Original BofQ identified material to be excavated and deposited into a number of different locations....
View ArticleAnswered: NEC3 ECS - Delay Damages - recovering Contractors costs from...
Yes. If your Subcontractor is later than their Completion Date then you can only charge them £795/day as per their contract. If your Employer is charging you £795/day for being late, then any other...
View ArticleNEC3 ECC: Does the PM pay for a defect repair on sub-contracted work?
Does the PM pay the Main Contractor for the repair of a defect when the work was carried out by a sub-contractor? i.e. am I correct in my view that the cost of correcting the defect would be deemed to...
View ArticleAnswered: NEC3 ECC: Option C, what should the formal process be for...
For clarity, Equipment are items used by the Contractor which do not remain as part of the works. You are probably referring to Plant; items included in the works. The transfer of any warranty from the...
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