NEC ECC: Option B, Contract Data part 2 fee percentages
I am using ECC Option B contract and there is a few different viewpoints on how we apply the percentages listed within contract data part 2. If i have a compensation event with the following...
View ArticleNEC TSC: Who owns Intellectual property contained within an Accepted Plan?
For a large TSC, with an outcome based Service Info, a Contractor's plan can contain quite a bit of detailed methodology. Once this is accepted by the SM, does the Employer have free use of the...
View ArticleAnswered: NEC ECS: Verbal Instruction under Option A
First of all a Subcontractor should not act or need to act on a verbal instruction. 13.1 obligates an instruction to be in writing, and 13.7 separately from other communications. What would have...
View ArticleNEC ECC: Providing additional Site Information
The Employer has undertaken additional ground investigation works within the Site Boundaries. The results of the supplement the existing Site Information upon which the agreement was based; however,...
View ArticleUsing CECA rates for plant equipment.
Should CECA rates be used for the productive time on site or the time actully whilst on site during working hours
View ArticleAnswered: NEC ECC: Can Contractor correct the defect after defect correction...
If they are willing to correct it and you are happy for them then just let them. You are getting what you want all be it a bit late. Clause 45.1 allows you the chance to assess the cost yourself to...
View ArticleAnswered: NEC ECC: Option A vs Option B for Earthworks Scheme
Choice between option A and B is more about how well the items/quantities can be defined and where the Employer wants the risk to sit. The works are re-measured, so the Contractor gets paid for the...
View ArticleNEC ECC: Can a Client insist on seeing how the total cost of each Activity...
We have Framework Contract with a large organisation where a number of individuals within that organisation invite mini-competitions from the framework suppliers. The framework includes a list of...
View ArticleClaiming for losses when scope of work is reduced
The Client issued drawings late and procurement of reinforcement steel was based on BOQ. however as the project progresses the concrete quantity in the BOQ at tender is half the total concrete on...
View ArticleOption X7 Delay Damages
We have a framework contract with large client that uses the clauses from the NEC3 Professional Services Contract. The Data which will apply to all Package Orders states that option X7: Delay Damages...
View ArticleAnswered: NEC ECC: Can a Client insist on seeing how the total cost of each...
Often a Client will want to see what the breakdown is for their own cost data management and benchmarking purposes, although an Activity Schedule doesn't always assist with this, depending upon how it...
View ArticleAnswered: NEC ECS: Key Dates not met in the past
You should be showing a “planned Key Date” milestone and a “Key Date” milestone. If indeed the “Key Date” is in the past then you have no choice but to actualise it, but the “planned Key Date” will...
View ArticleAnswered: NEC ECC: What fee percentage should be applied to accommodation?
It is not clear whether you are referring to Site Cabins or rental of an Office, but under NEC this would be categorised as Equipment, as it is used to Provide the Works but not included as part of the...
View ArticleNEC Clause 60.1(12)
NEC Clause 60.1(12) states that a CE arises if the Contractor encounters physical conditions. With reference to the Guidance Notes for the NEC ECC (Page 70), is the “physical conditions” only limited...
View ArticleNEC ECC: Defined Cost - Plant - Held in wait for start
Background: main Contract is ECC Option C, each Project is a CE: We have a project (CE) that had a critical start date which was delayed after the CE was accepted by the client. An EWN was raised...
View ArticleNEC ECC: Should I lose the opportunity to improve on programme dates as a...
- Our Accepted Programme stated that a licence was to be provided, by the client, at a certain date. - The works which could only commence once in receipt of the licence were due to start at a later...
View ArticleNEC ECC: Option C - Effect of Penalty / Incentive on Target Cost
We are using an Option C Target Cost contract with a penalty / incentive regime associated with the Contractor achieving / not achieving certain standards. Exceeding the standard results in a monthly...
View ArticleNEC ECC: Can I retract a programme under option A
The client have not provided the design on time and the project is delayed by 1 year. The contract completion date has passed and the client has provided new dates that are can only be met if we incur...
View ArticleNEC ECC: Reject forecast of defined cost?
The Contractor submitted his forecast by means of a contractors communication can the Project Manager reject the contractors communication? Can a contractors communication be rejected and what is the...
View ArticleAnswered: NEC ECC: What fee percentage should be applied to accommodation?
Sorry should have been a bit more specific, it is the cost of renting a house/flat for the staff to live in during week, rather than the Contractor paying subsistence to them
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