Answered: Advice on how to tackle a compensation event for current & future...
Under clause 61.4, one of your responses as a PM (which I assume you are) is to that the compensation arose due to the Contractor's fault in which case the Prices and Completion Date are not changed....
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 ArticleNEC3 ECC: Can two persons be named as Supervisor and be given delegated...
The remote named PM wishes to delegate most of his powers to two representatives on site. One being a person undertaking the Supervisor role and the other acting, for want of a better term, as say...
View ArticleAnswered: Advice on how to tackle a compensation event for current & future...
To be really pedantic you cant claim a compensation event under clause 33.1. The Contractor can only notify a compensation event if they can find a reason within clause 60.1 as to why it is a...
View ArticleAnswered: NEC3 ECC: Cost of Insurance Policy which is non compliant to the...
In the unamended contract the cost of insurance is not part of Defined Cost so a contractor would usually recover this through the Fee. It's difficult to comment on what an amended contract does / does...
View ArticleNEC3 ECSC: Testing requirements
I've got a fairly simple contract in mind to install a dividing wall within an existing industrial unit. I'm considering using an ECSC contract, but I'm a little concerned about the loss of: Clauses...
View ArticleNEC3 ECC: How are interim assessments handled where the quantity in the BOQ...
This is a two pronged question: 1. Since the tender BOQ was incorrect in that certain quantities were underestimated and since by virtue of clause 60.7, we as the contractor, are to assume the BOQ was...
View ArticleAnswered: NEC3 ECC: Activity Schedule - Option A; errors and 'fair play'.
If the Contractor has an item in the activity schedule that they no longer plan to do - either it as an error in first place or they now plan to do that activity another way the they can propose a...
View ArticleAnswered: NEC3 ECC: Cl 63.8, Assessing a quote as zero when the Contractor...
It does seem as though the Contractor caused this problem and the following points should be noted: 1. an instruction by the Project Manager itself is not a compensation event (unless the PM has said...
View ArticleAnswered: NEC3 ECC: Under option A, is the cost of staff (people) transport,...
Well, I can say with high confidence that they are not in Charges, so it is NOT the case the case that they are 'should' be paid indirectly by application of the percentage people overheads. There is...
View ArticleAnswered: NEC3 ECC: Option A - Specific Detail referenced in the Activity...
It depends on how these assumptions have been recorded. If they had just written this within their description of an activity schedule item, then given the fact that the activity schedule is not Works...
View ArticleNEC3 ECC: Best price for Equipment & Materials
Re Option E (Option C & D for CE quotes); How does the Employer ensure best price is secured for Equipment & Materials when more Fee can be earned by the Contractor the more expensively he...
View ArticleNEC3 ECC: CEs after Completion Date (Access restrictions to site)
Works have continued well past the Completion Date due to Contractor delay (there is no dispute on this). During the works after the Completion Date the Employer has had occasion when access can not...
View ArticleAnswered: NEC3 ECC: Adding in terminal float on revised programmes
The contract does indeed permit such an approach - although I don't feel this is a trick or a ploy on the Contractors part. At the end of the day, if they have not used all of the time risk allowances...
View ArticleNEC3 ECC: Option B Contract – can a Contractor claim ‘Loss of Opportunity’...
A Contractor claims that as the Works Information did not require the tenderers to include for any staff dealing with CE’s, they have not allowed for this within their tender sum. They claim that any...
View ArticleNEC3 ECSC: Cost Elements, Fee and SSCC - where are the costs clarified?
I am new to NEC3 ECSC (short form) and I am negotiating several new packages where this will be used for fast paced small projects. Firstly, the wording of ECSC appears to refer to lump sum or...
View ArticleNEC3 ECS: Removing work and giving it to someone else
Under the Engineering and Construction Subcontract the Contractor may give an instruction changing the Subcontract Works Information to remove/reduce the scope of work. This is a CE 60.1(1); quotations...
View ArticleAnswered: NEC3 ECC: CEs after Completion Date (Access restrictions to site)
The Contractor's rights to a compensation event are separate from the Employer's rights to provide access to the Site. The Employer has to continue to provide the Contractor access to the Site in order...
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