NEC ECC: Is a change to the Working Area a compensation Event
The PM has instructed that one of the Working Areas is changed due to an instruction from a government body. Are we entitled to a compensation event for the costs involved of changing this location?
View ArticleNEC ECC: Is there a way to set two defect dates when there is a sectional...
I have a project which is 2 buildings. I would like to have one defects date running from the completion of the first building (sectional completion) and another running from the completion of the...
View ArticleNEC ECC: Clause 31.2 Programme - items to be shown on the programme
acceptances - could you expand on what this could entail information from others - could you expand on what this could entail thanks
View ArticleNEC ECC: Tender Technical submission
NEC 3 Options A,B,C & Short - When we submit a technical submission with our tender, which is scored, does the information that we provide form part of the contract or is it just for information...
View ArticleNEC ECC: The Contract is late and LDs may be levied - the PM has instructed a...
From what I remember of the 'good' old days under the ICE, if a contract had overrun and the Contractor was due to be levied LDs, but then the Employer issued further work the Contract Completion date...
View ArticleNEC ECC: New ECI Clauses: How is change managed during Stage 1?
Looking to adopt the new NEC3 ECI clauses for a major highways scheme using Option C, and would like to know how 'Change' to the Stage 1 Prices is managed during Stage 1. I'm am not clear if change is...
View ArticleAnswered: NEC ECC: Option B - CE Quotation inclusion of People Time for EWN...
Once it is and compensation event (clauses 60.1 to 60.6 under option B) and the 'due process' of the compensation event process has been gone through, then the central clause for assessing the change...
View ArticleAnswered: NEC ECC: Reduce Quantity of Works in Option B
It is a compensation under 60.1 (1) because the PM has given an instruction and this is one of the express exclusion for it to be a compensation event under 60.4. You can only assess it using a...
View ArticleAnswered: NEC ECS: Sub-subcontractor costs
Depends from where you are looking at it from and which option the main Contractor is on, the Subcontractor is on and the sub sub contractor is on ! Please clarify !
View ArticleAnswered: NEC3 ECSS Defect Rectification when the Sub-Contractor doesn't...
The relevant clause is 42.1 and it says "If the Subcontractor has not corrected a notified Defect within its defect correction period, the Contractor assesses the cost of having the Defect corrected by...
View ArticleAnswered: NEC ECC: Is there provision is included in the NEC for nomination...
No. Reason is that if the Employer really wants a particular specialist contractor, rather than create a shotgun marriage where contractually the Subcontractor is answerable to the main Contractor but...
View ArticleAnswered: NEC ECC: BOQ errors under option B
No the contract is not silent. Clause 63.1 says that the "The CHANGE to the Prices is assessed as the EFFECT of the compensation event on ... Defined Cost ... and the resulting Fee." So, assuming the...
View ArticleAnswered: NEC ECC: Can a contractor recover prelims in their CE quotation as...
In my experience - yes. But only if the CE is on the critical path and then not as a percentage, but by the actual cost of all the effected items, for which they will be on site for a longer period....
View ArticleAnswered: NEC ECC: What is meant by "the Contractor may subcontract parts of...
This is not standard wording so must be a Z clause - but does not detract from the principles of the standard contract wording. Under the ECC contract, the Contractor must offer up for acceptance the...
View ArticleNEC ECC: Compensation Event without an accepted programme
A Compensation event occurred form an access date & a programme had been submitted to the PM for acceptance. Acceptance of the programme took almost a month due to compliance with the relevant...
View ArticleAnswered: NEC ECC: Sub-subcontractor costs
The answer is 'No'. Under options A & B, the compensation event should be assessed using the Shorter SCC regardless of whether the work is subcontracted or not. Likewise for the ECS (if option A...
View ArticleNEC ECC: Compensation Event without an accepted first programme of the Contract
How do you assess a Compensation Event when the first program of the contract hasn't been accepted - the contract has no program yet.
View ArticleAnswered: NEC ECC: PM's refusal to accept CE that is clearly one of the CE's...
Let's step back. 1. You say the "Client/Contractor needs to supply us with water and dust proof Storage facility". Can you confirm this is stated in the subcontract Works Information along with dates...
View ArticleNEC ECC: Is Radiodection Equipment classed as Survey Equipment?
Clause 44 (h) of the Schedule of Cost Components includes for the provision and use of survey and setting out equipment as included within the Working Area Overhead (WAO). I am working on an NEC Option...
View ArticleNEC ECS: We are Subcontractors - how do we progress if Contractor rejects a CE?
The main Contractors PM has not advised us how to proceed. He has not supplied something he should have, and we have notified the EW stating we think this is a bona fida Compensation event under the...
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