NEC ECC: Option A Subcontractor fee percentage
NEC Option A - Activity schedule. We have received a quote which the subcontractor has applied fees which are higher than the tendered fees submitted by the main contractor. Ie they have applied a 20%...
View ArticleNEC ECC: In the contract what is the definition of Defined Costs
When reading the shorter schedule of cost components, what is the definition of defined costs that you should be reading in conjunction with?
View ArticleAnswered: NEC ECC: What are disallowed costs when it comes to option A?
A very good question. A few Employers seem to do the same thing and my question is exactly the same as yours! The simple answer is there is no such thing under option A and you only have disallowed...
View ArticleAnswered: NEC ECC: Option B, where a item of work is reduced, can we claim...
If the item of work has been reduced due to a change in the Works Information then that would be a compensation event which, unless otherwise agreed, would be assessed as the Defined Cost + fee that...
View ArticleNEC ECC: Defects in relation to programme
Further to a previous question which centered on the PM instructing the Supervisor to raise incomplete works as Defects. We would be grateful for your view on the following; 1. The incomplete works...
View ArticleAnswered: NEC ECC: Interest due to the Employer from overpayment to the...
Clause 51.3 deals with interest on corrected amounts. The clause is silent on which party pays therefore can be either party. In the context of the second bullet point this makes sense as adjudication...
View ArticleAnswered: When will NEC4 be available?
The new contracts will be available in June 2017, keep checking www.neccontract.com for more information on this.
View ArticleAnswered: Will NEC4 automatically apply to my NEC3 contracts?
No, if you have a contract that is currently based on an NEC3 contract this will continue to be the case after NEC4 is published. NEC4 will only apply to contracts drafted after NEC4 is published, and...
View ArticleAnswered: How does NEC4 deal with a Project Manager not replying the...
Good question, for many years people (contractors?) have campaigned for deemed acceptance of the programme in the same way that a compensation event notification and quotation can become deemed...
View ArticleAnswered: Are Working Area Overhead and / or People Overhead included in NEC4...
No, NEC have abandoned use of these concepts as users of the contract have reported many issues with interpretation of them over the years. Instead, costs that would have been covered by the...
View ArticleAnswered: How does NEC4 improve on NEC3 in terms of auditing Defined Cost?
The NEC4 cost-based contracts, i.e. main options C, D, E and F include a procedure for the Contractor to instigate a review and acceptance of its Defined Cost by the Project Manager. This new procedure...
View ArticleAnswered: How does NEC4 provide for Building Information Modelling (BIM)?
A new secondary option has been included in the NEC3 Engineering and Construction Contract (ECC) to support the production of information for BIM. Under this option the Contractor provides an...
View ArticleAnswered: How does NEC4 provide for Building Information Modelling (BIM)?
A new secondary option has been included in the NEC3 Engineering and Construction Contract (ECC) to support the production of information for BIM. Under this option the Contractor provides an...
View ArticleAnswered: Does the Contractor have to submit an application for payment under...
Under the NEC3 Engineering and Construction Contract (ECC), the Project Manager has an obligation to assess amounts due to the Contractor regardless as to whether the Contractor has submitted an...
View ArticleAnswered: Is there an adjudicator’s contract in the NEC4 family?
There is, however the NEC3 Adjudicator’s Contract has been changed so that it can be used for the appointment of board members to a Dispute Avoidance Board under option W3 and has been renamed the...
View ArticleAnswered: Does NEC4 provide for consensual dispute resolution?
Consensual dispute resolution has become more popular over recent years and including this in NEC3 contracts was a popular Z clause. NEC4 includes a four week period for escalation and negotiation of a...
View ArticleAnswered: Can you procure a design and build contract using the NEC4...
Yes, and there is a new secondary option for Contractor’s design which provides more extensive provisions for design and build contracting.
View ArticleAnswered: Does the NEC4 Supply Contract (SC) include a Schedule of Cost...
Yes, this addition to the Supply Contract brings much greater clarity to the definition of Defined Cost.
View ArticleAnswered: Does the NEC4 Term Service Contract (TSC) include a Schedule of...
Yes, this addition to the Term Service Contract brings much greater clarity to the definition of Defined Cost.
View ArticleAnswered: Does the NEC4 Professional Services Contract (PSC) include a...
Yes, this addition to the Professional Services Contract brings much greater clarity to the definition of Defined Cost.
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