Answered: NEC3 ECC: Under Option D, does the rate in the BOQ already included...
Yes. Contractor should include within their target Price for both options C and D risk that is theirs under the contract, plus include any allowance they think is reasonable (or they think they can get...
View ArticleAnswered: NEC3 ECC: Should Employer pay for specialist rope access equipment,...
I would consider the items to be Equipment (SCC). I presume that they have not been listed in CD2 and would therefore fall under either component 21, 22 or 25.
View ArticleAnswered: NEC3 ECC: Direct Fee under Option B
Firstly, bill rates should only be used for the assessment of CEs by agreement. This agreement should be made on an individual, CE by CE, basis. If you are intending to use bill rates to assess a CE...
View ArticleAnswered: NEC3 ECC: Is a direct fee percentage on the total contract sum due...
The procedure(s) to follow, and amount due, on termination are set out in the Termination Table within section 9. By termination for convenience, are you referring to a reason outside of R1-R21. If so...
View ArticleAnswered: NEC3 ECSC: What are the main differences between long and short...
The short form (ECSC) is shorter. That's the unhelpful answer! More helpful is the points below looking at shorter contract: 1. ECSC is more concise - just 7 pages of main contract clauses rather than...
View ArticleNEC3 ECC: How is a CE assessed under Option A when only the percentage for...
There is no Schedule of Cost Component and the only figures written into the Shorter Schedule are the two percentages noted above; people overhead % and equipment adjustment %.
View ArticleNEC3 ECC: Schedule of cost components - people outside the Working Areas
Under an ECC Option C are the costs of people who occasionally work from a head office recoverable as Defined Cost for the period they are not within the Working Areas? Even if they are providing the...
View ArticleAnswered: NEC3 ECC: How is a CE assessed under Option A when only the...
Under Option A, the Shorter Schedule should be used for assessing CEs. People cost should be assessed in accordance with item 11. If there is no Equipment listed in the Contract Data or a published...
View ArticleNEC3 ECS: Which clause should a Subcontractor claim under when issueing an...
The Contractor has also instructed the Subcontractor to ramp up and significantly increase its workforce however the only areas that the Contractor has made available to the Subcontractor are...
View ArticleAnswered: NEC3 ECS: Which clause should a Subcontractor claim under when...
As Dave says - you cant claim for general disruption or prolongation. You need to ascertain what event caused your planned Completion to move, and notify under one of the reasons within clause 60.1...
View ArticleUnder an NEC 3 Option A the Employer fails to provide detailed working drawings.
Under what NEC Clause should a contractor request additional drawings that have sufficient detail required to enable construction of the works from the PM. If the Employer then fails to provide...
View ArticleAnswered: Under an NEC 3 Option A the Employer fails to provide detailed...
Good question. My suggestion would be to raise the matter as an early warning (its a matter that could delay Completion). Clause 60.1.3 applies where the Employer fails to provide something he is...
View ArticleAnswered: NEC3 ECC: Is there a provision in the NEC for a Contractor to be...
NEC does not provide for provisional sums. The Works Information should be clear as to what is required so that it can be programmed and priced. If the Employer is not sure what is required then he...
View ArticleAnswered: Under an NEC 3 Option A the Employer fails to provide detailed...
I would suggest you deal with this as an ambiguity under Clause 17.1. The PM is then obliged to respond within the period for reply and if he doesn't, that would constitute a CE under 60.1(6). 60.1(3)...
View ArticleAnswered: NEC3 SC: Why is the Y(UK)2 option not used in NEC3 Supply Contracts?
You are right. As written, the Supply Contracts are just that 'supply' with no provisions for installation. Consequently, there is no need to include the payment provisions of the Acts or, for that...
View ArticleAnswered: NEC3 ECC: Who pays for preparing "Proposed Instructions"
The answer is that the Contractor bears the costs as per clause A11.2(22). However, read the words literally : are just preparing a quotation ? Or are you doing additional work outside of the Works...
View ArticleAnswered: NEC3 ECSC: Under short contract, for Contractor designed items, can...
This would depend entirely upon what is stated in the works information specific to that contract.
View ArticleAnswered: NEC3 ECSC: Under short contract, can the Contractor change supplier...
If the items are specified in the Works Information to be supplied by a particular supplier / manufacturer then you will have to comply with the requirement otherwise the items could be classed as a...
View ArticleNEC3 PSC: Are Consultant's expenses part of the total of the prices in a NEC3...
PSC Contract Data Pt.1 allows the Employer to state expenses. Pt.2 allows the Consultant to state expenses. Are these expenses part of the prices? Is the consultant limited to only claiming the...
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