Answered: NEC3 ECC: Is travel time between Working Areas recoverable under...
This is a difficult questions as it turns on how you interpret 11 of the SCC. One way of reading it is that you pay the proportion of salary related to time spent in the working area. The other way is...
View ArticleAnswered: NEC ECC: Option A Priced Against A ProvidedActivity Schedule
As Neil has said - if this is a change to Works Information then this will be a compensation event and you should follow the notification/quotation/assessment/implementation processes within section 6...
View ArticleNEC3 ECC: Can the quantities of a CE for Option B be remeasured?
For an Option B, the changed Prices is assessed in the form of change to the BQ. Does it mean the changed Prices would be subject to change due to remeasurement of the CE quantity, or the changed...
View ArticleNEC3 ECS: What constitutes "communicated separately"?
What constitutes "communicated separately"? Obviously a single CE attached to an email. What about multiple separate CE's all attached to an email? Further, multiple CE's on separate tabs on a single...
View ArticleAnswered: NEC ECC: Validity of clause 62.6 when both C and PM in breach
There is not a definitive answer here, just a most likely one. However, firstly I assume that in point 9. you mean the PM does not reply within 2 weeks and 1 day of the reminder notification, not the...
View ArticleAnswered: NEC ECC: Risk allocation - how is it allocated or capped?
Part of the answer will depend upon the Option you are working under and what the specific risk is. If the risk is the amount of repairs to the existing structure then then under Option A it is the...
View ArticleAnswered: NEC ECC: Is the Client obliged under to pay for offsite materials...
Technically the Employer is correct, NEC3 ECC does not provide for vesting as a concept. There are three issues here, firstly your entitlement to be paid, secondly who owns the items if paid for, and...
View ArticleNEC3 ECSC: Change in a Completion Date
Under the short form, the PM has notified C of a CE due to change of WI. PM has requested quotation. I have quoted with a 1 day time delay to Completion Date, If I bring in an additional squad to carry...
View ArticleAnswered: NEC ECC: Risk Allocation
Contractor prices their own risks under option A and spreads that across their activities within the activity schedule items. The "Risk Register" as currently called under NEC3 but soon to be called...
View ArticleAnswered: NEC ECC: Under option D, do I have to pay if subcontract supply...
Currently under NEC3 family of contracts, clause 50.4 obligates the PM to assess the Contractors amount due (ECC) and the Contractor to assess Subcontractors amount due (ECS) whether or not they have...
View ArticleAnswered: NEC ECC: Under Option B, can i claim 100% payment for materials off...
No. Under option B you get paid for completed items on your B of Q at the unit rate that you have identified that is tied into the contract. Unless there is a single B of Q item for...
View ArticleAnswered: NEC ECC: DOES THE APPRENTICE LEVY QUALIFY UNDER NEC3 X2
My view is yes the apprentice levy is a change in law (UK). It is new legislation that has been introduced in the Finance Bill where there was no existing legislation.
View ArticleAnswered: NEC ECC: Application of Z Clause - Mandatory Use of Frameworks by...
It's difficult to provide a complete answer without sight of the rest of the framework documents, however four observations I can make are: (1) Clause 26.1 of the ECC does not impose any obligations on...
View ArticleAnswered: NEC ECSS; How is a CE assessed under the Short form of Contract?
Under the short contract the Contractor takes the risk for weather up to a "ceiling" level idenified within clause 60.1(10). If the Contractor is prevented working for a full day, and "which are in...
View ArticleAnswered: NEC ECC: Option A Lump Sum - Cost Transparency
This old chestnut where you have a cost-based contract running alongside a priced-based one ! With the best will in the world, the Contractor naturally wants 'grey' costs to be allocated to cost-based...
View ArticleNEC3 ECC: Replacing Project Manager
Generally I've been curious as to how the NEC suite of contracts deals with replacing the Project Manager besides Clause 14.4 and insurance clause 87.1. Is the a practical scenario where by a project...
View ArticleNEC3 ECC: Can an implemented quote for an Employer's risk compensation event...
Once a quote has been implemented for an Employer's Risk CE, can the cost be changed/increased at a later date? Or is the implemented quote deemed fixed? For example, Contractor quotes to provide new...
View ArticleNEC3 ECC: Rejecting Contractor design
Assuming the Contractor's design complies with Works Information and the applicable law; can Project Manager reject it? If so what are the implications?
View ArticleAnswered: NEC ECC: The Project Manager is instructing the Supervisor to raise...
In normal circumstances the Project Manager does not, and probably should not, formally instruct the Supervisor to notify defects. Although one entity (company or person) can take on both roles, if the...
View ArticleAnswered: NEC ECC: Is this within the contract?
It is difficult to comment without knowing the exact wording of the contract. If it is clear in the Works Information (including those documents referenced within it) that the work was provisional and...
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