NEC ECC: Can a PM instruct overtime working outside of the contract hours,...
A contractor issued a Proposed Instruction for Acceleration to a sub-contractor working under a NEC3 Option B sub-contract, requesting quotations for various working patterns outside of the contract...
View ArticleAnswered: NEC ECC: Under an Option A contract how are the Employers Costs of...
One must assume that the PM/ Supervisor has followed the procedures for notifying the correcting of defects and that the Defects Certificate has not been issued clause 45.1 explains the procedure for...
View ArticleAnswered: NEC ECC: Can a compensation event be used for change in...
You will need to check how the storage provision was incorporated in to the contract. If it was a tender amendment that is referenced in the Form of Agreement and which refers to the Specification then...
View ArticleNEC ECC: Failure to commence work due to community problems.
Starting date was defined as the date that the Contractor receives a fully signed copy of the contract. Access to site was scheduled within 2 weeks of the starting date. Site handover was conducted...
View ArticleAnswered: NEC ECC: Can a PM instruct overtime working outside of the contract...
Acceleration under the contract is under clause 36 and is only for when the Contractor is instructing a quotation to bring forward the Completion Date. The Subcontractor gives a quotation, and the...
View ArticleAnswered: NEC ECC: Failure to commence work due to community problems.
It sounds like a clause 60.1(19) event has most likely happened.
View ArticleAnswered: NEC ECC: Can Delay Damages be changed by agreement between the...
Yes, as you have rightly stated above, you can change anything by agreement between the Employer and the Contractor provided you comply with clause 12.3 and aren't doing anything illegal.
View ArticleAnswered: NEC ECC: Collaborative working/mutual trust & co-operation
I don't have the contract to hand in order to cite the correct clause references however I can explain the principle that underpins all Option C NEC3 contracts. It's quite simple really, the Party...
View ArticleAnswered: NEC ECC: In the contract what is the definition of Defined Costs
Defined Cost is a defined term in each of the ECC contract options, but it will be in the specific contract option elements as it is not a core clause (i..e not consistent across all of the options)....
View ArticleNEC ECC: Disallowed Cost - Based on forecast Defined Cost of an AfP submission
We (the Contractor) have submitted our periodic application for payment submission and ultimately received the assessment back from the Project Manager within the period for reply. Notably, this is the...
View ArticleAnswered: NEC TSC: How is a compensation event assessed when the Employer...
The Price List, Service Information and Affected Property are all separate defined terms in the TSC and each one has a different function, refer to clause 11.2 for the definitions. This means if a...
View ArticleAnswered: NEC ECC: Option A - Compensation Events - should Contractors...
Option A contracts should be used where little change is anticipated. Consequently, you should include the cost of management, whether site-based or head office in your Prices for the work in the Works...
View ArticleAnswered: NEC ECC: Disallowed Cost - Based on forecast Defined Cost of an AfP...
I have assumed that you are on either an Option C or D contract. It is one of the PM's actions to assess the amount due (assess an application) under clause 50.1. so the answer to the first part of...
View ArticleAnswered: NEC ECC: Advice for using Specification for Highway Works
My suggestion would be for you to consider using a Z clause to give definition to Overseeing Organisation eg 11.2 (??) for Appendixes ??, ???, ???? the Overseeing Organisation is the Employer, for...
View ArticleAnswered: NEC ECC: Option A Subcontractor fee percentage
Under Option A you should be using the Shorter Schedule of Cost Components for assessing the Defined Cost of compensation events. You should be applying the %s stated in the main contract Contract Data...
View ArticleAnswered: NEC3 ECC - What items require to be considered for inclusion within...
The first thing to consider is the Option that you will be engaged under and therefore what the % will be used for. Under Options A&B the % will only be used to assess compensation events whereas...
View ArticleAnswered: NEC3 ECC: Project Staff working outside the defined Working Area
The Option for you to be engaged under, A, B, C or D, should be made on the maturity of the Works Information. If it is well defined with minimal chance of change then a lump sum Option A should be...
View ArticleNEC ECC: Undervalued BofQ items
If a compensation event has been agreed and implemented under an option B contract i.e. new rates and quantities included in the BoQ. Are these items then subject to Cl 60.4 if it comes to light that...
View ArticleAnswered: NEC3 ECC - What items require to be considered for inclusion within...
Yes that kind of thing - anything else that you can not claim for that you will incur but is not already listed anywhere else within the schedule of cost components. It is a specific overhead for your...
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