Answered: NEC ECC: What is the difference between Socc 1.3(b) subsistence &...
Subsistence and lodging for People is essentially for accommodation outside of working hours and would apply where working away from home. Equipment Accommodation is for use in the Working Areas and...
View ArticleNEC ECC: Assessing a rainfall 1 in 10 weather event
When the Project Manager assesses the compensation event due to rainfall, do they give only the number of days with rain above the 10 year average or consideration is given to the follow on days where...
View ArticleAnswered: NEC ECC: Option A - Activity schedule changes to prices for the...
You are correct - a Contractor is paid for completed items on the activity schedule, and a compensation event does not make the activity schedule until it is implemented.
View ArticleNEC ECC: Can a dispute be declared after the contractual end date?
The contractor was requested by the Project Manager to submit a revised quotation for a compensation event a week and a half before the contractual end date on an Option B contract. The reply period on...
View ArticleNEC ECC: Do we have to do extra instructed works and how should it be assessed?
If we are asked to quote for supplying & installing new items that were not part of the original contract, can we offer a quotation rather than it be based on defined cost plus mark up? Also do we...
View ArticleAnswered: NEC ECC: Should Terminal Float on Sectional Completion impact...
Given that all of your sectional completions would be linked to overall planned Completion, the planned Completion will now be at the end of your 2nd planned sectional completion and hence the critical...
View ArticleAnswered: NEC ECC: Do limitations of liability in X18 extend to capping...
It would depend upon the wording in your contract. Start by looking at whether Secondary Options X7 and X18 have been amended from the standard text and then see what Contract Data Part 1 states...
View ArticleNEC ECC: How long after Completion can an account be disputed?
As Contractor under an Option A we would like to know if there is a contract provision or statutory provision that sets a timeline for an account to be disputed. The project was handed over in April...
View ArticleNEC ECC: Can a defect become a latent defect after defect certifcation if not...
Following completion and handover of a recent building refurbishment an issue arose prior to the defects date with condensation forming in the new loft space on the steel trusses during cold weather...
View ArticleAnswered: NEC ECC: Option A clause 11.2(27) what does it mean when you add...
Don't know why an Employer would add in the words "partially" in that clause as a Z clause. The whole idea is it is a clear measure - only completed items are paid for, which is why the Contractor...
View ArticleAnswered: NEC ECC: Does the Project Manager's Compensation Event description...
I have to confess I am slightly confused by this question. One party notifies (either Contractor or Project Manager) and then the Contractor provides the quotation. I am not sure where you(Contractor)...
View ArticleAnswered: NEC ECS: Never Ending Cycle of Quotations
Simple - after the second or possibly third request for a revised quotation give them a new one straight away which is the same as the old one with a new date at the top. This will force them to make...
View ArticleNEC ECC: Aggressive Client Commercial Team brought in at end of contract
In the final few months of a 6 year contract with a value of circa £150m, the Employer has replaced the Project Manager and his commercial team. This new team has reassessed costs previously paid and,...
View ArticleNEC ECC: Access Dates
If the Employer fails to provide access in accordance with the Contract/ last Accepted Programme it is obviously a CE. However, if they fail to provide a firm revised Access date, but a third party...
View ArticleAnswered: NEC ECC: Can a defect become a latent defect after defect...
This is a complicated question and the answer would really depend upon what the Employer's Works Information said; what the Contractor's Works Information said as well as whether option X15 was used....
View ArticleNEC ECC: Defined Cost after Completion under Option E
The Schedule of cost components states ‘an amount is included… only if it is incurred in order to Provide the Works’. Clause 11.2(13) defines To Provide the Works as ‘to do the work necessary to...
View ArticleNEC ECC: Where would the compiler specify the Method of Measurement?
In an ECC Form of Contract where would the compiler specify the Method of Measurement for the proposed Works? I refer specifically to highway works for Local Authorities. Here, there is an option to...
View ArticleNEC ECC: Disallowed costs for standing around time due to a health and safety...
Enquiring what grounds there are to disallow costs due to a health and safety accident under ECC option C - for Instance if an accident occurs and the site is at a standstill due to investigation. PM...
View ArticleAnswered: NEC ECC: Access Dates
As you correctly state, the fact that the Employer did not allow access by the access date shown on the Accepted Programme means that it is a compensation event under clause 60.1 (2). There is no...
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