Answered: NEC ECC: Under option A is common law , is contract breach recovery...
The first thing to say is that Low Performance Damages are notoriously difficult to implement as more often than not the Contractor can point to one of the following : - the input to a process is not...
View ArticleAnswered: NEC ECC: Valuing a change of Works Information CE from refurb to...
For a CE, you assess the effect of the CE on Defined Costs (DC) and the resulting Fee - see clause 63.1. This includes the reduced DC's with Fee applied and the increased DC's with Fee applied. The...
View ArticleAnswered: NEC ECS: Under option E, can contract data part 2 change by...
To answer this question, can you expand upon what you mean by 'un-aware' ?
View ArticleAnswered: NEC4 ECC: Option A - can you use options X15 and X21 together?
NEC3 does not have X21, but NEC4 does. Please can you clarify what your X21 is for ?
View ArticleAnswered: NEC ECC: Re-measurement under an Option D form of contract
Using Option D in conjunction with Contractor design is a debatable procurement strategy for the scenarios you have set out. Regarding your queries, my view is that: 1.  Yes, the original Works...
View ArticleNEC ECC: Option C - Quotation vs. Actual
On an Option C Target Cost contract, if a Compensation Event arises and the Contractor issues a quotation which is accepted then the Target Price is increased by that amount. In carrying out the...
View ArticleAnswered: NEC ECC: Option 3 contract Contract Data missing "The percentage...
They cover different things - see clause 41 of the Shorter Schedule of Cost Components for what the percentage for People O/Hs is. While it can vary hugely, it is "typically" in the low teens. Whereas...
View ArticleNEC ECC: Would strike action be considered as a compensation event?
Under an NEC3 ECC Option C Contract, which has clause 60.1 (19) deleted and replaced with "The works are affected by a Force Majeure Event", is unofficial strike action by the Contractor's operatives...
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 ArticleNEC ECC: Removal of scope
Under option C if there is a removal of scope I would usually raise a negative CE to reduce the scope. What about option A? The job was priced as a lump sum, however a section of scope is being removed...
View ArticleNEC ECC: Delegation of project manager's duties
At the beginning of the contract the Employer's Project Manager named in the contract data delegated his duties to another person until the completion date of the project. Is this a change in Project...
View ArticleNEC ECC: Clause 31 Programme Status
Currently a NEC3 Option C contract which is circa 1 month in doesn't have a Clause 31 accepted. Despite numerous submissions the Principal Contract has not addressed issues and acceptance has been...
View ArticleAnswered: NEC ECS: We are Subcontractors - how do we progress if Contractor...
At this stage, based on what you have said, it appears that the Contractor's PM has only commented against a notified early warning. Â Consequently you should notify a compensation event, which is a...
View ArticleAnswered: NEC ECC: Physical Conditions Compensation Event and 'experienced...
You are correct, but it could be influenced by the amount of pre-contract work the Contractor did. For instance, what you would expect an experienced Contractor to know could vary between : - a...
View ArticleAnswered: NEC PSC: Change in skill level of a resource
Presumably, an increased level of skill resource is because the Consultant is now being instructed  to do something that was not in the original Scope. I.e. there is a change in Scope which is a...
View ArticleAnswered: Under an NEC PSC Option E do you still get paid if you go past the...
Yes ! No where in the contract does it say you are not (that I am aware of), so ask them to point to the close where it says this is the case.
View ArticleAnswered: Is the project manager entitled to deduct more advance payment...
Assuming you have Secondary Option X14 and the amount to be re-paid in instalments is stated in the Contract Data as $128,000 per month (assumed this is your assessment interval), then the Project...
View ArticleAnswered: NEC ECC: Equipment costs for delay
The time effects are assessed against clause 63.3 i.e. the Accepted Programme. This provides an incentive for the Contractor to keep it up to date both to reflect progress etc. and to keep the Employer...
View ArticleNEC ECC: Management staff costs when assessing delays
How do you assess changes in management? The contract has a site management team which changes during the project. At the start ( 1xProject Manager, 1x Site Agent, 1xWorks Manager, 1xengineer) as per...
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