NEC ECC: Option 3 contract Contract Data missing "The percentage for people...
Call off contract from an existing framework has "The percentage for people overheads is" line missing in Contract Data Part 2. No query was raised during the tender process and the Contractor is...
View ArticleNEC ECC: Physical Conditions Compensation Event and 'experienced contractor'
This question relates to a compensation event under clause 60.1 (12) for a physical condition, more specifically the assumptions under clause 60.2, with the 4th bullet point referring to 'other...
View ArticleAnswered: NEC ECC: Is a PMI always a Compensation Event?
Examples of PMIs which are not compensation events : - an instruction to attend an early warning meeting (clause 16.2 of NEC3 ECC) - an instruction to remove a person (clause 24.2 of NEC3 ECC) - an...
View ArticleNEC ECC: Under option D, what happens if a work item is included in the Works...
If a work item in the Works Information was later found to be excluded in the Bill of Quantities, is the Contractor entitled to a Compensation Event?
View ArticleAnswered: NEC ECC: Compensation events and time reduction
APW, this is an interesting issue you have raised for discussion. The best place for it is probably the BI LinkedIn discussion forum as it is more 'discussion'.
View ArticleAnswered: NEC ECC: Is our interpretation of a compensation event correct.
From what I understand of your question, if the PM is (a) not following the contract in giving written instructions and (b) then playing silly buggers around what they said, then : - you need to early...
View ArticleNEC PSC: Change in skill level of a resource
A consultant has requested to increase a skill level of a resource in an option G contract since he has taken up more responsibility in the project, how does one handle this change within the contract
View ArticleAnswered: NEC ECC: Is a PMI always a Compensation Event?
No a PMI is not a compensation event in its own right. If a Project Manager is instructing something that they know IS a compensation event, then at the time of giving the instruction they should state...
View ArticleNEC ECC: Option B - a bit more information.....
Our contract is the NEC3 Option B contract with an agreed BoQ, high volume, medium value works. We receive a WO, plan and BoQ prepared by PM, we very rarely have any input on the BoQ until we receive...
View ArticleAnswered: Definition of practicable and reason for rejection of Clause 31...
No. 'Practicable' is defined in my synonym search as "able to be done or put into practice successfully". This seems a reasonable starting point for a definition without looking it up in dictionaries....
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: Equipment costs for delay
If a compensation event causes a delay of 30 days to a section of work and a specific piece of equipment ( jack up barge) was required for a delayed task, the Contractor claims the costs for the...
View ArticleIs the project manager entitled to deduct more advance payment repayment from...
Say the advance payment repayment is pegged at $128 000 per month, can the Project Manager increase this figure to say $220000 and this is done without consultation with the contractor.
View ArticleNEC ECC: Can the Contractor introduce new items to revised quotations?
Whilst going through revised quotations for an accepted CE and challenging the Contractor over the build-up / substantiation of their quotation the Contractor has included new items not previously...
View ArticleAnswered: NEC ECC: Can I claim a lost shift NCE under option A after the...
Surely if the client is designing the contract on the hoof, that will (a) be a compensation event as they will be adding to and changing the Works Information and (b) causing you delay. In which case,...
View ArticleAnswered: NEC ECC: Under option D, what happens if a work item is included in...
Yes, in accordance with Clause 60.6 the PM should correct the mistake in the BoQ which would be a compensation event (assuming the work item was not covered by the item coverage of the stated BoQ items).
View ArticleAnswered: NEC ECS: Best way to make a critical path delay claim
Sounds like you are working on a Transport for London / London Underground Project which requires traction current to be discharged to allow works to be undertaken during an Engineering Hours shift....
View ArticleAnswered: NEC3: TSC - Add new item not in Price List is compensation event?
Yes. As the Service Manager is asking you to do something which is not in the Service Information, they are effectively asking you for a quotation for a proposed instruction (under clause 61.2) which...
View ArticleAnswered: NEC ECC: Option B - a bit more information.....
Firstly, under clause 13.1, all communications have to be "in a form which can be read copied and recorded" so : - you are not early warning at the moment. Sure, telephone them in, but follow up with a...
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