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NEC ECC: Option E - Non payment due to hours claimed differ from Clock-in...

I am currently working on an Option E project in which our application for payment is substantiated by Third Tier Subcontractor Invoices and Timesheets validated by a Manager. 2 Months ago the project...

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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...

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NEC ECC: Can a compensation event be used for change in specification not...

A planning condition for an expansion asked for Cycle storage provision.  The contract drawings do not show the specification of the provision, but pre-contract during tender, the employer requested...

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Answered: NEC ECC: The Supervisor is refusing to issue a Defects Certificate...

sorry, original answer was to a different question!! One approach could be to engage with the Employer directly and get agreement of what the Defects Certificate would have recorded. The agreement...

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Answered: NEC ECC: Option E - Non payment due to hours claimed differ from...

Your question states that the machine was introduced some time in to the contract. Was it introduced with the expressed intention for it to be used to assess the PWDD. If it was then you need to check...

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NEC 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...

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NEC ECC: Option A - Compensation Events - should Contractors management staff...

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Answered: NEC ECC: accounting principles

There shouldn't be any problems with accounting principles it is a matter for the accountants to understand and get comfortable with the operation of this type of contract which provides for this type...

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Answered: NEC ECC: Working area SCC People (14)

You do not apply WAO to subcontractors. The question really is whether you have a subcontract or a labour only supply contract. If you look at the definition of Subcontractor it covers "construct or...

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Answered: NEC ECC: Delegation of project manager's duties

Depends how the communication is specifically worded, but delegation would mean as well as not instead of, so this would mean that either person named could carry out the responsibilities specifically...

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Answered: PMI needed if an NCE has been accepted?

I actually see two issues here - one is dealing with the lack of supply to date, and the second is will this lack of supply continue in future? There is not an instruction needed for the lack of supply...

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Answered: NEC3 ECC option E - Immediate demobilisation of resources

While the actual amount will depend on the contract reason, every reason includes amount A1 as articulated in clause 93.1. The third main bullet is for "other Defined Costs reasonably incurred in...

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Answered: NEC ECC: Option A - Payment for completed activity

As the contract is written, 'Yes' ! Having said this, many PM's relax this to some extent if the delay is clearly a result of a CE.

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NEC ECC: Option B SSoCC - Travel and Overnight Accommodation Costs

On a project, if the Contractor's staff are required to fly in, hire cars for transport from the airport to the working area, and stay overnight in local hotels, are these costs recoverable under...

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Answered: NEC ECC: Option A - Payment for completed activity

Jon is correct, but if the PM is not so pragmatic/relaxed then if there is a big delay to completing an element of works you could consider a revised Activity Schedule which splits this item into two....

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NEC ECC: Under an Option A contract how are the Employers Costs of correcting...

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Answered: NEC ECC: Option B SSoCC - Travel and Overnight Accommodation Costs

First of all, as it is an option B contract, before we dive into the detail, they would possibly only be recoverable if it was a compensation event. Secondly, under clause 63.1, it is the change in...

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NEC ECC: Delayed Access CE has impacted construction commencement by 6 months...

The Contractor intended procurement completed by Q1 this year , planned Completion was July-18 , revised planned Completion June-19 Commencement was to be Jan-17 now July-17

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Answered: NEC ECC: Can a Compensation Event reduce the price paid by the...

Yes. If there is a change to the Works Information then this is a compensation event. The Project Manager can instruct(not ask) the Contractor to submit a quotation. This could be something that is...

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NEC ECC: If an additional piece of equipment is used for the works for a CE...

A PMI was issued for some additional works.   The Contractor is now claiming retrospectively for an additional boat and boatman to undertake the works for the CE by ferrying the workman around the...

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