NEC ECC: Can contractor claim for loss of profit under Option B, if so,...
The priced contract value is turning out to be 50% more than the actual value. Quantities were overstated and the Contractor mobilised based on false quantities.
View ArticleAnswered: NEC ECC: Would strike action be considered as a compensation event?
As you typed 'Force Majeure Event' in capitals, I am assuming it is a Defined Term in your conditions of contract, so a corresponding definition should be provided somewhere. Depending on this...
View ArticleAnswered: NEC ECC: Can the Contractor introduce new items to revised quotations?
I guess the answer is yes - assuming you agree that these costs would have been reasonable to have forecast as being necessary. You will now take these into account when you make your own assessment...
View ArticlePMI needed if an NCE has been accepted?
If the Works information states a constraint that the Employer will provide something at a certain rate of supply (i.e per month or per week), however the Employer then subsequently fails to provide...
View ArticleNEC ECC: Option A - Payment for completed activity
If the duration of an activity is extended as a result of a compensation event, is payment for that activity effectively delayed until the activity is complete?
View ArticleNEC3 ECC option E - Immediate demobilisation of resources
Our contract is an option E contract with a rates schedule. The Employer issued us a Project Manager's Communication instructing us to immediately (by the next day) demobilise 50% of the work force. We...
View ArticleAnswered: NEC ECC: Can contractor claim for loss of profit under Option B, if...
In response to your headline question, the answer is 'No'. However, under clause 60.4 of option B, you can have a compensation event for reduced quantities. While on the face of it you get paid less,...
View ArticleAnswered: NEC ECC: Management staff costs when assessing delays
Firstly, apologies for the long winded response, but this is not a straightforward subject !! I am assuming that this question relates specifically to an assessment of prolongation and the associated...
View ArticleNEC ECC: Cancellation of CE's
There is 3 parts to this question: Option B Contract 1.If a CE was raised up to Part 3 being received from the Contractor, how do you cancel a CE? 2. What if the CE was notified, Part 2 was issued to...
View ArticleAnswered: NEC ECC: Clause 31 Programme Status
I would agree that you need a first "baseline" agreed which is the Contractors original intent before they start how they are planning to carry out the works and where their planned Completion is in...
View ArticleNEC 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...
View ArticleNEC ECC: Adjudicator's decision and Retention - X16
Adjudicator has made a decision regarding a disputed CE for £X. The contract includes for X16 Retention at 5%. Is the Adjudicator's decision of £X subject to retention?
View ArticleNEC ECC: Use Option A and Option C Under one Contract
We are proposing to award a contract using Options A & C under one contract. the materials will be scheduled under the Option A, with the Installation element under the Option C with...
View ArticleNEC ECS: Option A - Work areas unavailable. Is this a CE under clause 60.1(3)...
Main Contractor and M&E Sub-Contractor enter into ECC Option A Sub-Contract and the project is 50% complete from an M&E perspective. The M&E Sub-Contractor has been poor at issuing...
View ArticleAnswered: NEC ECC: Cancellation of CE's
It sounds like there are many parts to your question !! I am not sure what procedure you are following, but any compensation event notified by the Project Manager, or notified by the Contractor and...
View ArticleNEC ECC: Can a Compensation Event reduce the price paid by the Employer
If the Project Manager proposes to give an instruction to change the Works Information which obviously reduces the costs of the Contractor, can the Project Manager ask the Contractor for a quotation...
View ArticleNEC 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...
View ArticleNEC ECC: Option E - Client wishes to appoint own specialist
Our client/PM wishes to remove a specialist item of work from our activity schedule and enter into a direct contract with the specialist. They have advised that we will not receive the sub-contractors...
View ArticleAnswered: NEC ECC: Use Option A and Option C Under one Contract
Forgive my cynicism, but combining different Main Options under one contract does not seem a very sensible course of action to be honest. The payment provisions will need to be very carefully and...
View ArticleAnswered: NEC ECC: Adjudicator's decision and Retention - X16
The assessed amount by the adjudicator is added to the Prices (the 'contract sum'), in full. Retention applies in relation to payments. Under Main Option A or B, the amount assessed by the adjudicator...
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