NEC ECC: Compensation event due to changes in works information during...
The PM is claiming that during a compulsory site briefing it was pointed to the Contractor that the building to be renovated is a live building hence the Contractor should have incorporated pricing for...
View ArticlePayless notices for CEs yet to be agreed
If an application for payment includes application for amounts claimed for on CE quotation (and work already completed) that the contractor is delaying agreeing to, does the contractor have to issue a...
View ArticleSub-Contract Fee Under Option B
I am working for a groundworks sub-contractor we are working for a main contractor under NEC option B. We have encountered several delays and the main contractor has requested that our works are...
View ArticleAnswered: NEC ECC: If the Employer wishes to terminate a contract due to lack...
This would be a reason other than R1-R21 and therefore would follow procedure P1 and P2, and the amount due will be A1, A2 and A4.
View ArticleAnswered: NEC ECC: Under option A - Pricing the SC element of a Quotation
If there is forecast, then there is risk and under the ECC and ECSC, the (Sub)contractor is allowed to include for time and cost risk allowances - see clause 63.6 of the ECC. The question is whether...
View ArticleAnswered: NEC ECC: Can the Employer instruct others to correct defects due to...
Unfortunately, the contract does not allow you do what you suggest. However, I would try and do this collaboratively with the Contractor i.e. get him to get in an alternative specialist and...
View ArticleAnswered: NEC ECC: What constitutes a forecast of cost for payment/valuation...
I do not get the school of thought that says it is "work achieved on site via progress" as this is not what the contract says. It is monies paid out from the Contractor's account. Likewise, the...
View ArticleAnswered: NEC ECC: If a Client continues not to accept a Contractors baseline...
In practice you will have no choice but to run the two in parallel. You need the first Accepted Programme to be the baseline to assess change against. You need to agree what you originally planned to...
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: When submitting Quality/ Technical submissions does this...
You will have to review the specific Instructions for Tender (or similar document) to see the contractual standing of any documents that you return as part of your tender offer. Generally any caveats...
View ArticleAnswered: NEC ECC: Under Option A contract, if a Contractor omits to price &...
No - or not at least one you can claim as a commercial advantage. The activity schedule is not Works Information. It is a payment mechanism during the life of the contract. The risk of errors in the...
View ArticleAnswered: NEC ECC: What are hand tools not powered by compressed air?
44 (j) covers all hand tools not powered by compressed air. The idea being that rather than having to account for every single item that the WAOH gives the Contractor an opportunity to make an...
View ArticleAnswered: NEC ECC: Option C - Staff Forecast Costs
What does “forecast” actually mean? It means monies which are to be paid out before the next assessment date. So if the salary payments fall before the next assessment date they are included if not...
View ArticleNEC ECC: Working area SCC People (14)
The question is regarding Section 14 in the People section of the Schedule of Cost Components;“The following components of the cost of people who are not directly employed by the Contractor but are...
View ArticleAnswered: NEC ECC : Option A - Lack of detailed information listed within the...
I would simply say follow the contract. The contract says by agreement you can use activity schedule rates, but if one Party does not agree then you use Defined Cost - which is building up the quote...
View ArticleAnswered: NEC ECC: Option C - Quotation vs. Actual
Yes that is correct! Under option C the cost of under-spend/overspend is shared and that is the same for implemented compensation events.
View ArticleAnswered: NEC ECC: cl 50.1 - assessing the amount due
I have presumed that the contract falls under the Construction Act. Yes, a payment certificate is required to advise of the Notified Sum even if £0.
View ArticleAnswered: NEC ECC: Removal of scope
If there has been a CE to reduce the scope, and provided that the core clauses have not been amended, then a negative compensation event should be assessed to reflect the saving in Defined Cost + Fee...
View ArticleAnswered: Which Accepted Programme Should I Use?
the intention is to compensate the Contract ie put him back in to the position he would otherwise have been in. Therefore the time assessment should be based on the accept programme at the time of the...
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