NEC ECC: Comparing Additional Weather Measurement with Available MET Office Data
We have an additional weather measurement added to our Contract Data:"The number of hours on each day where maximum wind gust exceeds 32 knots". The query I have on this is that the MET Office can only...
View ArticleNEC ECSC: Who runs risk of items missed off the Price List?
If the Price List has been agreed at point of signing contract, and then it turns out that an item has been missed off that list, who's risk is this? If this was on the tender drawings, there is no...
View ArticleAnswered: NEC ECC: If an additional piece of equipment is used for the works...
There are two issues here : 1. If the additional boat helps the Contractor achieve efficiencies elsewhere on the contract, then there will presumably reductions in Defined Costs due to the compensation...
View ArticleAnswered: NEC ECC: Option E - Client wishes to appoint own specialist
As the specialist works is in your contract, you could argue that they have no legal right, under contract law, to take it out and give it to another Party i.e the Subcontractor and thereby deny you...
View ArticleNEC ECC: Request Termination of Contract
We received a Purchase Order from our clients for an agreed scope of works. This was duly signed and returned. Clients have without any formal notice offered another sub-contractor part of our supply....
View ArticleNEC ECC: can TRA be transferred into a monetary value for CE?
A Contractor under option C has included TRA as a "cost of his risk for not being in a position to complete activities" impacted by a CE within his quotation. I believe that he is entitled to the time...
View ArticleNEC ECC: Option A activity Schedule compared to value of the activity
Is it the case that the sum on the activity schedule must directly reflect the outturn cost or of the activity to which it relates? Our Employer thinks it should rather like a BOQ. For example; we have...
View ArticleNEC ECC: Replacement of the Project Manager
The appointed EPCm Contractor is changing the Project Manager, with approval from Employer. What template should be used in order to affect the change of the detail in the Contract Data?
View ArticleAnswered: NEC ECC: Subcontracting - clause 26.3
Other reasons they could be rejected could be that 1) the works are specialist and the subcontractor proposed is not an obvious specialist in this works, 2) a quick financial check on the Subcontractor...
View ArticleAnswered: NEC ECC: Responding to Compensation Events
The answer to your first part is no the Employer can not do this. They cant just "issue a compensation event" - as what reason within clause 60.1 can they tag it to? They can't. That means I don't need...
View ArticleNEC 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....
View ArticleNEC ECC: Assessment of change
Part of our scope included the supply and installation of doors, which initially went out to tender on the original IFC door schedule in September 2016, these works were subsequently placed on hold due...
View ArticleAnswered: NEC ECC: Request Termination of Contract
Just to add to Neil's answer, firstly I am not sure legally they can omit scope and award it to someone else, but not withstanding that this would be a the very least a (substantial) change to the...
View ArticleNEC 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...
View ArticleNEC ECSC: The short contract uses a price list. Are the items to be 100%...
Under the Short contract, are the items on the price list of to be 100% complete before they are considered for payment or can they be paid on a percentage complete basis. For example, if an item is...
View ArticleAnswered: NEC ECC: Can I accept a programme submitted by the contractor that...
On a practical basis, I would say that you you should be showing as an activity/milestone the "Key Date (Completion)", but a second milestone showing "planned Key Date (Completion)". This then allows...
View ArticleNEC ECC: Can I claim for prelims on omitted work on short form contract using...
Work is omitted from BOQ with PMI resulting in negative CE. Am I entitled to show my prelim element of the items within the BOQ that have been omitted.
View ArticleAnswered: Change to the Works Information
Firstly, under an option C contract, the Employer is paying for your Defined Costs plus Fee, so even if there is no adjustment to the target Prices, the cost of doing this is split by the pain / gain....
View ArticleNEC ECC: Model Tender Assessment
In the Guidance Documents Appendix 4 a Model Tender Assessment is provided however it states this is to be used for Option A or B only. Why is this? Also at point 6; where the direct fee percentage is...
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