NEC TSC: Are direct and indirect fees added to all works or only CE?
We have a NEC3 TSC option A priced contract with price list. Â There is an agreed SOR that is applied to each order. Â Our agreed price list includes as an example for supply and fit small, medium and...
View ArticleNEC TSC: Is price adjustment under X1 monthly or annual?
We have a NEC3 option A TSC contract to deliver planned and reactive works. Â The assessment interval for payment is monthly. Â Is the contractor allowed to adjust his valuations monthly under secondary...
View ArticleAnswered: NEC ECC: Aggressive Client Commercial Team brought in at end of...
Yes this probably does go against the spirit of the contract and clause 10.1 - but I am afraid this will not help you contractually or I believe in adjudication. there is no time limit within the...
View ArticleAnswered: NEC ECC: Defined Cost after Completion under Option E
Yes : you are correct. The constraint I would add is that Defined Costs still have to be incurred in accordance with the contract and are not Disallowed Costs. I am particularly thinking of being...
View ArticleNEC ECC: Can the non-availability of a product due to a mis-communication...
Under an NEC Contract (Option A) a named product (or equivalent) was specified in the Works Information. According to the Contractor a miscommunication between the manufacturer and the supplier lead to...
View ArticleNEC ECC: Compensation events and time reduction
My question is around protecting the Employer’s interests should he want to reduce scope in a Contract as he may wish to have his facility back earlier. I am talking about the effect(s) of issuing a...
View ArticleAnswered: NEC ECC: Where would the compiler specify the Method of Measurement?
Assuming you are using either option B or D which are the Bill of Quantities options within ECC, then there is a space in contract data part 1 for you to state that within the option specific elements...
View ArticleAnswered: NEC ECS: The Contractor is paying 3 months late and not issuing a...
In order for them to issue a payless notice, you have to submit an application. They have to then give reasons - in the payless notice - for not paying the amount. If they don't do this, then it is a...
View ArticleNEC ECC: Is our interpretation of a compensation event correct.
An early warning is given to PM regarding change onsite to implement a CE, a confirmation of verbal instruction is issued to PM with two working days of CE, at present, CVI's do not get accepted or...
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 ArticleDefinition of practicable and reason for rejection of Clause 31 programme
A range has been given within the subcontract for each Access Date, and the Key Dates have been defined as a duration from when each access is given. As a result, the subcontractor has planned the...
View ArticleNEC ECS: Best way to make a critical path delay claim
We are a sub-contractor on a large London project. The Contractor is responsible for design and materials. They are in delay and we have passed the contract Completion Date. I claim 130 shifts of NCEs...
View ArticleNEC ECC: Can I claim a lost shift NCE under option A after the Contract...
The client has never actually completed the design despite the contract requiring this prior to commencement. After one year we are still carrying out works. The Contract Completion date has passed, we...
View ArticleAnswered: NEC ECC: How do you deal with increase in subcontract rate due to...
If this corrective work is being done after Completion the answer is a definitive 'Yes' - see 4th main bullet of clause 11.2(25). Otherwise I am struggling to find a reason unless something was written...
View ArticleAnswered: NEC ECC: Can Clients insist on Contractor's using NEC Contracts in...
Just to add/compliment to Jon's answer - it is legally very difficult/not possible to impose a form of contract, however you can "strongly encourage". If anything other than an NEC contract is proposed...
View ArticleAnswered: NEC ECC: Method of measurement and payment under Option A and C?
My question to your question would be why do you want to restrict payment in this regard under option A/C? Under both options it is for the Contractor to produce their activity schedule and define to...
View ArticleAnswered: NEC Supply Contract: Who is a Subcontractor?
I agree with you on point 2. On point 1, 'goods' is in italics, so is written Contract Data part 1 by the Purchaser. So if you subcontract says that the Supplier is to provide say "concrete for...
View ArticleAnswered: NEC ECS: The Contractor is paying 3 months late and not issuing a...
Just a separate point of note here. It is unclear from your question as to what status the compensation events are i.e. are they implemented or not. Until they are implemented they do not make the...
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 ArticleNEC3: TSC - Add new item not in Price List is compensation event?
NEC3 Term Service Contract - The service manager would like to use a new method of cleansing which is not included in the service information or Price List . Is the introduction of a new item using the...
View Article