NEC ECC: apprenticeship levy a Compensation Event
Got asked this by client recently, so i thought i'd share it here. So the question is does the apprenticeship levy constitute a compensation event under ECC?
View ArticleAnswered: NEC ECC: apprenticeship levy a Compensation Event
I would suggest that it is a CE if the contract contains secondary option X2 (and the contract date is pre the date the levy was implemented) changes in law since that is how it has been enacted.
View ArticleNEC3 PSC: To Terminate or Not to Terminate?
We have an NEC3 PSC Contract with a Client which currently runs to 31 March 2018. The Client has a new parent company who has decided to retender the services and use a new, non-NEC, form of Contract....
View ArticleAnswered: NEC ECC: Project Manager's instructions without drawings
I would suggest that you confirm the verbal depiction of changes in writing to the PM. That will record a baseline for the scope of the instruction so that when the revised drawings are formally...
View ArticleNEC ECC: apprenticeship levy a Compensation Event
Got asked this by client recently, so i thought i'd share it here. So the question is does the apprenticeship levy constitute a compensation event under ECC?
View ArticleAnswered: NEC3 PSC: To Terminate or Not to Terminate?
In the unamended contract, they need to terminate your contract in order to award work covered by that scope to another party as you are the one with the contract to do it. Otherwise you can sue for...
View ArticleAnswered: NEC ECC: Project Manager's instructions without drawings
Each instruction would constitute a CE and I would agree that you should record your understanding of the changes back to the Project Manager. Contractually, I would argue that since any communication...
View ArticleAnswered: NEC ECC - How a Contractor gain profit under option A
Firstly they will include risk and profit within their tendered lump sum fixed price, and if they manage the works well they will make money. In terms of compensation events the Contractor will apply...
View ArticleAnswered: NEC ECC: To what level of evidence should I be expected to provide...
The issue to be mindful of is whether you are not time barred from notifying any of the matters, under clause 61.3. The NEC contract is based upon the principle that matters are dealt with as you go...
View ArticleNEC ECC - How a Contractor gain profit under option A
I have worked in different options in NEC but just had a question that how the contractor will get a profit if they have chosen Option A. From my understanding and the terminology of the contract is...
View ArticleAnswered: NEC ECC: Project Manager's instructions without drawings
I agreed that you should ask for formal confirmation of all the instruction given by the Project Manager and ask for the list of assumptions to be considered for the CE due to the instructed change in...
View ArticleAnswered: NEC ECC: To what level of evidence should I be expected to provide...
The answer to your specific question is enough evidence to prove your entitlement to the Project Manager. This will be both in terms of the detail of the cost, but also impact upon the programme....
View ArticleAnswered: NEC ECC: X7 Delay Damages Estimate - can this include the Employers...
If you are on the stage of negotiating or tendering a contract, yes you may and you may include such statement in the Contract Data. If you are already implementing the Contract, the delay damages is...
View ArticleAnswered: NEC ECC: Notifying Defects against an accepted Contract's Design
Using Sub-Clause 11.2(5) main bullet 1, if such aspects which the Contractor did not consider in his design were specifically mentioned in the Works Information then the answer is yes. If not and the...
View ArticleAnswered: NEC ECC: How to calculate the total of the Prices under Option C?
The definition of the Prices for option C is 11.2(30). At tender stage you produce an activity schedule and submit as part of the tender return to ascertain your target price that you are committing...
View ArticleNEC ECC: Employer's Liability for Sub-Contractor's Cost where Contractor has...
We are acting as Project Manager for a Local Authority Client who has appointed a Contractor under the ECSC. The works are largely complete and the Local Authority has made the necessary payments to...
View ArticleAnswered: NEC ECC: Can a existing Risk Register item extend contract duration...
As a compensation event can be notified up to the defects date then the answer is Yes. It doesn't actually matter whether it is on the Risk Register or not as a CE notification is a separate matter,...
View ArticleAnswered: Compensation Event Time Bar
It is difficult to imagine how this situation could come about even if theoretical. I would suggest that the Contractor is not time barred. Under cl 61.3 the Contractor is not time barred from...
View ArticleNEC ECC: Contractor has not acted on a PM's instruction does this effect the...
The PM issued an instruction to the Contractor in accordance with 14.3 back in December 2016. The quotation negotiations took several months to agree and during this time the Contractors design changed...
View ArticleAnswered: NEC ECC: Compensation Event Time Bar
It is difficult to imagine how this situation could come about even if theoretical. I would suggest that the Contractor is not time barred. Under cl 61.3 the Contractor is not time barred from...
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