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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC3 ECC: Project Staff working outside the defined Working Area

Just a point of note we believe NEC4 will make more allowance for people that are not working within the working area as they have recognised that this is a common problem/occurrence. hopefully this...

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NEC ECC: Option B, where a item of work is reduced, can we claim for...

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NEC ECC: What are disallowed costs when it comes to option A?

Under Option A with various Z clauses what are disallowed costs?

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Answered: NEC ECC: Delayed Access CE has impacted construction commencement...

I understand your issue here. The first point is that yes you are entitled to include within any CE quotation risk which has a significant risk of occurring and is your risk under the contract. If the...

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Answered: NEC ECSC: Who runs risk of items missed off the Price List?

The Contractor's obligation is to Provide the Works in accordance with the Works Information, not in accordance with the Price List therefore how the Contractor prices the Price List would usually be a...

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Answered: NEC ECC: Comparing Additional Weather Measurement with Available...

Pragmatically I would seek to agree a contract amendment between the Employer and Contractor to clarify what was meant. You would either need to amend the weather measurement so that it fits with the...

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Answered: NEC ECC: can TRA be transferred into a monetary value for CE?

Any compensation event the Contractor is allowed to include risk which has a significant chance of occurring and is their risk under the contract. Once this compensation is implemented then this would...

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NEC ECC: Compensation event while Prevention clause fails.

A project has been delayed for a month and half due to community problems and an early warning was sent. The event fails the Prevention clause since the project is still recoverable by Acceleration....

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NEC ECC: Working Area Overhead Percentages - Inclusions/ exclusions

I have been working with the NEC3 for about 7 years now and only now am I working on my first project where a Working Area Overhead percentage is being used. There seems to be remarkably few posts on...

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Will NEC4 automatically apply to my NEC3 contracts?

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How does NEC4 deal with a Project Manager not replying the Contractor’s...

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Answered: NEC ECC: Replacement of the Project Manager

Couple of points here. Firstly this is the Contractors project manager, rather than "Project Manager" (the capital P capital M "Project Manager" being the Employers representative). If this was a "key...

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Answered: NEC ECC: Option A activity Schedule compared to value of the activity

Have you been instructed not to do the blast wall or is this value engineering that you have proposed for an element that is your design? There is a difference. If this is value engineering then this...

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Answered: NEC ECC: Compensation event while Prevention clause fails.

Assuming the month and a half delay was a compensation event and on the critical path - it would seem as though there would be an effect on planned Completion and hence a movement in Completion Date....

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Answered: NEC ECC: Assessment of change

Put simply, it sounds as if the Project Manager is assessing it incorrectly as the circumstances as I have changed in two respects : a. the door schedule has changed; b. the programme has changed which...

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NEC ECC: Is it incumbent on the PM to correct mathematical errors in a CE?

Over the past 10 months of working on a contract we have had 45 CEs.  Somehow on 2 or 3 items have not been carried forward to the summary &  a couple of times the percentages have disappeared from...

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NEC ECC: accounting principles

Our accounts are being audited and a year-end accrual is being examined. The accrual was calculated including forward forecasts in line with ECC option C. How does this agree with Accounting principles?

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Answered: NEC ECSC: The short contract uses a price list. Are the items to be...

The Price List under the short contract will be a mixture of lump sum elements and items based upon a unit rate ( the former being like an ECC option A element and the latter being option B). The lump...

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How does NEC4 deal with a Project Manager not replying the Contractor’s...

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Answered: NEC ECC: Is it incumbent on the PM to correct mathematical errors...

Good question. Both the Project Manager and the Contractor should be acting as stated in the contract AND in a spirit of mutual trust and co-operation (clause 10.1). The clear intention of the contract...

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