Answered: NEC3 ECC: Failure by PM to respond to a CE
What he can do is detailed in clauses 62.3 and 62.4. If he has not done so, you should request that he does. If you don't agree with his reasons you have the option to re-issue the same quote. I can't...
View ArticleAnswered: NEC3 ECC: The requirements of Early Warning Clause 16.1
I am not sure there is actually a question in there. However, a couple of observations. 16.1 identifies 4 must early warns (increased Price, missed Completion, missed Key Date and impaired...
View ArticleAnswered: NEC3 ECC: Does the notification of a defect automatically require a...
In answering this question,, I am assuming you are the Supervisor or have been delegated his / her powers under the contract. Under clause 42.2, "the Supervisor notifies the Contractor of each Defect...
View ArticleAnswered: NEC3 ECC: Can you please advise what happens if the final account...
If the target (total of the Prices) is exceeded, then the Contractor shares the overspend in line with the percentages outlined in Contract Data part 1. If for example the Contractor share for anything...
View ArticleAnswered: NEC3 ECC: Assessment of the Effect of Weather on a Delayed Activity
I am not sure why the PM is looking at 60.1(13) here which is what drives the 1 in 10 event assessment of the CE. As you have described it this is not a 60.1(13) CE it is a 60.1(2) delayed access CE...
View ArticleAnswered: NEC3 ECC: X18.4 Limitation of Liability
The loss which the Employer will suffer is the key here. Is THAT loss being directly or indirectly caused by the lateness of the subcontractor. The event is irrelevant it is the loss you need to focus...
View ArticleAnswered: NEC3 ECC: Should the cost of flood damaged equipment be covered by...
I think you are right to look at Section 8 of the Core Clauses for matters of insurance. The relevant clauses are clause 80.1 and clause 81.1. Clause 80.1 lists the Employer's risks under the contract...
View ArticleNEC3 ECC: Secondary Option X7 & x18.4 - Damages
Employer wants to recover loss / damages he will incur due to Contractor delaying project. X7 is limited to 10% of contract value, and this will only be on overall Completion. X18.4 (limit of...
View ArticleNEC3 TSC: Who owns the target cost in a TSC and who is responsible for errors...
Within the Term Service Contract, option C. Who is responsible for the Price List when a target contract is agreed at the start of a scheme? I'm currently working on a scheme where more regulating...
View ArticleNEC3 ECC: Option C fee % basic question
As a Contractor, on a project we have a good understanding of our estimated range of site costs (activity costs) and fixed back-office overhead costs that will go into the Fee, along with our target...
View ArticleNEC3: Is a programme submitted as part of a quotation submitted for acceptance
Thanks for the response. I agree that a quotation is submitted for acceptance and is required to contain alterations to the Accepted Programme otherwise the PM should assess. However what I'm not clear...
View ArticleAnswered: NEC3 ECC: Option C fee % basic question
You get to claim one fee (well two really, as you have subcontract fee percentage for subcontracted elements and direct fee for everything else). To build up your target price that you are committing,...
View ArticleNEC3 ECC: Failure of fabricated Plant and Materials test and workmanship,
If fabricated Plant and Materials failed in material and workmanship test, can the Project Manager Disallow the cost of the said Plant and Material?
View ArticleNEC3 ECC: Direct/Subcontractor fee percentages when using Option A
I am trying to find an answer to what I think should be a simple query when using ECC Option A. Contract Data Part 2 asks for a Direct Fee Percentage and a Subcontracted Fee Percentage. Cl. 11.2(8)...
View ArticleAnswered: NEC3 ECC: Option C fee % basic question
Before I answer your question I’d like to explain how payments are made under an NEC3 ECC Option C Contract. This contract is a cost based contract and at each assessment period you’ll be paid “Defined...
View ArticleAnswered: NEC3 ECC: Do you include a programme when you submit a compensation...
The fact you are option B is actually irrelevant as it is the same answer for options A-F. Core clause 62.2 states that "if the programme for remaining works is altered by the compensation event, the...
View ArticleNEC3 ECC: Cl 32.1 - Changes to the Accepted Programme
NEC3 ECC Option C unamended. The PM is not accepting the Contractor's revised programmes on the grounds of clause 31.3 bullet 2. The PM is asking the Contractor to list out the proposed changes made to...
View ArticleNEC3 ECC: What is the process for dealing with unexpected ground conditions?
Beta contractors has an NEC3 ECC Option A ‘traditional strategy’ contract to construct a bypass which includes a new bridge over the River Avon designed by Cheta consultants. Warwickshire County...
View ArticleNEC3 ECC: Revised programmes
The Contractor is submitting programmes at the required intervals however these programmes have a "progresses to" date which pre-dates the submission date by 2 weeks. This is an A-road dialling...
View ArticleNEC: ECC Option A - how do I assess Compensation Events when the Shorter...
Working for the Main Contractor and have notified a compensation event due to weather conditions experienced in the period. The PM has instructed me to submit a quotation. The planned Completion will...
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