NEC 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 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 ArticleNEC ECC: Option A - Activity Schedule not updated
Contractor is updating the programme but not the Activity Schedule as it's 'too time consuming'. Numerous CE's not on Activity Schedule. As PWDD is Total of Pricea for a completed activity without...
View ArticleAnswered: NEC ECS: If the subcontractor includes a risk register as part of...
This is a tricky one due to lack of detail on how the risk register has been incorporated into the Prices. Firstly, all references in the contract talk about the Prices and do not use the wording in...
View ArticleAnswered: NEC ECC: Process to implement Clause X1 where no indices have been...
From what you say, it is clear that price adjustment for inflation is part of the contract. So choose an indices that you like and propose it to the PM / Employer. See what they come back with !
View ArticleAnswered: NEC ECC: Final Account time frame.
The normal payment timescales - i.e. the assessment interval - and mechanisms continue on after the Completion Date. So if you make an application and claim the full amount, the the PM will, in his...
View ArticleNEC ECC: Can a Project Manager carry out an assessment in 64.1 for not liking...
The Contractor has submitted quotations for compensation events as instructed under clause 62.1. The Project Manager did not discuss ways in dealing with the event with the Contractor prior to...
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 ArticleAnswered: NEC ECC: Option B, Contract Data part 2 fee percentages
By : - 'plant' I assume you mean 'Equipment' in NEC speak - 'materials' = Plant and Materials. and staff and about are both counted as People The calculation would be : Staff + labour = £4,000 x 1.15...
View ArticleNEC3 ECC: 11.2 (22) - Inclusions of preparing a quotation
Under NEC3, the Project Manager has rejected compensation events and is carrying out his own assessments for compensation events on the basis the Contractor has included amounts for people for...
View ArticleAnswered: NEC ECC: Providing additional Site Information
You can issue them the new Site Information which they will be able to use to take into account future compensation events in assessing risk. However, the original contract works and price were based...
View ArticleNEC3 PSC Expenses - Target Cost
I'm looking for some practical advice on how expenses should be managed under an NEC3 PSC Option C contract. I see from previous answers on this forum that expenses, as stated in Contract Data Part 2,...
View ArticleNEC ECC: Can One Event Result in Two Compensation Events?
A contractor is disrupted for approx. two weeks during the first quarter of a project, but still ahead schedule. This results in direct field labour working inefficiently for the two week period. The...
View ArticleNEC ECC Option C - Does the Contractors 'Risk Allowance' reduce the Target...
If a Contractor has priced a sum of money for risk into the Target Price and they do not expend this, is it removed from the overall Target Price? Also, does the Project Manager have the right to...
View ArticleNEC ECC: Cancelling Compensation Events
1. CE was notified by Contractor (p 1), PM requested quotation (p 2), Contractor submitted quotation (p 3). Employer not in agreement and it was discussed to "cancel". Do I do a part 4 and state the...
View ArticleAnswered: Using CECA rates for plant equipment.
I have to make a lot of assumptions here : 1. That you are under option A or B as a standard schedule is only used for the Defined Cost of Equipment under these options and then adjusted by the...
View ArticleAnswered: Option X7 Delay Damages
To quote 'Keating on NEC3': if "no sum is inserted in the "amount per day" column then it is probable the Employer can recover neither liquidated delay damages or general damages".
View ArticleAnswered: Claiming for losses when scope of work is reduced
Yes. For a start, I assume that the date for issue of the drawings was either in the Works Information &/or the Accepted Programme. That would be a compensation event under clause 60.1 (5). You...
View ArticleAnswered: NEC Clause 60.1(12)
Physical conditions is not limited to just ground conditions and, for instance, may apply to an existing building for; the discovery of asbestos, dimensions not being as shown on as-built drawings,...
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...
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