Answered: NEC ECSC: Short form price list - what happens if item omitted?
Under clause 63.1 of the ECSC, if a compensation event ONLY affects the quantities of work shown in the Price List, the Prices are changed by multiplying changed quantities by the rates in the Price...
View ArticleAnswered: NEC ECC: Can this attempt at a CE be discounted?
There is an eight week time bar in the contract for notifying a compensation event, but the time bar is only valid for the events that the Subcontractor is obliged to notify. Twelve of the nineteen...
View ArticleNEC ECC: Under option A - Pricing the SC element of a Quotation
I have received a quote for additional works instructed under a CE from the main Contractor. The quote includes for works to be carried out by a sub-contractor. Upon reviewing the SC quote to the MC...
View ArticleNEC4 ECC: Option A - can you use options X15 and X21 together?
We are putting together a contract ECC option A using the new NEC4 contract. The Client has specified that X21 is included and the contractor has requested X15. Can they both be included?
View ArticleAnswered: NEC ECC: Clause 63.1 - CE Assessed as Actual or Forecast Defined...
Yes you are correct - this should be assessed as a forecast, and therefore timesheets/invoices should not be necessary as it should be based upon what would have been reasonable to have allowed for it....
View ArticleNEC ECS: Under option E, can contract data part 2 change by Contractor?
I understand contract data part 2 is the information submitted by the Subcontractor to form the fees and model of the contract. However what if the Contractor submits changes un-aware to subcontractor...
View ArticleNEC ECC: Re-measurement under an Option D form of contract
I am currently working with an ECC Option D contract where the contractor is also carrying out the detailed design. Could someone offer some affirmation or correction of my understanding of the...
View ArticleNEC ECC: Option B - how do we price provisional sums?
We are currently using the NEC3 option B contract, we are at the completion stage of the project, the client has asked us to procure items that were specified in the BOQ but not quantified. They have a...
View ArticleNEC ECC: Under option A is common law , is contract breach recovery better...
We are finalising a contract under ECC Option A, we are not sure whether the use of X17 as Low Performance Damages would be useful or whether it would be best to leave out X17 and if performance is...
View ArticleNEC ECC: Under option C can CE's reduce the Target?
The Contractor has priced for working in a restrictive condition within an existing building (generally adds 50% to time and cost above normal working) and this is included in their Target Price. If...
View ArticleNEC ECC: Can the Employer instruct others to correct defects due to poor...
Is it possible to instruct others to undertake defect correction works on behalf of the Subcontractor if said Subcontractors performance is unsatisfactory ? I am involved with a project which is...
View ArticleNEC ECC: If a Client continues not to accept a Contractors baseline cl.31...
A Client is continually rejecting a cl.31 claimed to be for reasons found in the contract despite amendments being made in line with their rejection notes. It is apparent that the Clients programme is...
View ArticleNEC ECC: When submitting Quality/ Technical submissions does this generally...
Basically as a company we have thought if we mention it in the technical submission we have qualified our tender and reduced the risk I.e. stating no over pumping will be necessary or no rock will be...
View ArticleNEC ECC: What are hand tools not powered by compressed air?
In the full SCC clause 44 appears clear in respect of hand tools. But these can be small screwdrivers to £600 110v reciprocating saws or angle grinders. If a contract is tendered on a design and...
View ArticleNEC ECC: Option C - Staff Forecast Costs
11.2.29 – PWDD is defined cost which the PM forecasts will have been paid by the Contractor before the next assessment date. The question is with regards to People Costs (i.e Staff Salaries). Currently...
View ArticleNEC ECC : Option A - Lack of detailed information listed within the SSCC
We have recently received a Compensation Event Quotation from our Subcontractor for an instructed change to the Works Information. The Subcontractor upon submission of his quotation has pro-rata the...
View ArticleAnswered: NEC ECC: Option B - how do we price provisional sums?
Provisional sums should not be used with NEC. The Works Information should clearly set out what the Contractor is to provide. If the items were not in the original Works Information then they should be...
View ArticleAnswered: NEC ECC: Under option C can CE's reduce the Target?
I think it depends upon what access restrictions and conditions are stated in the Works Information for a start. If the Contractor has priced his tender based upon an assumption that he will be...
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