Answered: NEC ECC: Contractor has not acted on a PM's instruction does this...
I am assuming the instruction was a change to the Works Information and that a compensation event was notified along with a corresponding instruction to submit a quotation. The scope of works should be...
View ArticleAnswered: NEC ECC: Employer's Liability for Sub-Contractor's Cost where...
The obvious answer is that you do not as you are not and never were in contract with the Subcontractor. Years ago, I had a similar question to answer when Wrekin went bankrupt and the supplier did not...
View ArticleNEC ECC: When pricing a CE when would the people fee percentage apply? Is it...
For example we have CE which includes: rates from the contract Subsubcontract works Design Would we apply the people percentage to the sum of the above costs? Would we apply the corresponding fees to...
View ArticleAnswered: NEC ECC: Can you give me an example of when Y(UK)3 would be used as...
The Contracts (Rights of Third Parties) Act 1999, to which Y(UK) 3 refers, is a contract mechanism which allows a third party to be expressly identified in the contract, which then allows the third...
View ArticleNEC ECC: Subcontractor Damage to Site
I'm the Contractor on a project, under NEC Option A with a Subcontractor. the Subcontractor has not complied with their method statement and has caused damage to a persons land. I can't see a CE under...
View ArticleNEC ECC: Tyre puncture repair included in Defined Cost?
Just received an invoice from the Contractor for tyre puncture repair to a works vehicle and just wondering whether it is Defined or Disallowed Cost? If it is Defined Cost, what clause of SCC in NEC3...
View ArticleAnswered: NEC ECC: The Contractor's Activity Schedule does not list out all...
The Contractor should revise their activity schedule to distribute these costs to other activities that they are doing. Under option A this is a lump sum fixed price contract so unless works have been...
View ArticleAnswered: NEC ECC: Deemed Programme Acceptance
Yes you are correct it is not deemed accepted under NEC3, and yes this is a common misconception. However - you do have to ask yourself why you had not responded to the programme like the contract...
View ArticleAnswered: NEC ECC: Tyre puncture repair included in Defined Cost?
If by works vehicle you mean a company car or van, then examine the allowance made in the SCC under People cost item 13 (n) for a company vehicle. Most company vehicles nowadays are sourced through a...
View ArticleAnswered: NEC ECC: Subcontractor Damage to Site
To be perfectly honest, I am not sure that the Method Statement is necessarily relevant here anyway. It is possible that this issue is an insurance matter although also check the indemnity obligations...
View ArticleAnswered: If the Contracts (Rights of Third Parties) Act 1999 is used does...
In theory 'Yes' as they serve the same purpose. As always, there are pros & cons to either approach which you need to match to your circumstances.
View ArticleAnswered: NEC ECS: Subcontractor Programme Alignment
The Subcontractor's programme - and the way they actually work - has to comply with any constraints stated in the Works Information. If sufficient constraints are not stated in the Works Information,...
View ArticleNEC3 ECC Option C: Does WAO apply to Agency Supplied Workers?
A Contractor has replaced several members of their Project Management Team with Agency Supplied Workers and are applying the Working Area Percentage to these costs. With the individuals not being...
View ArticleNEC ECC: The Contractor's Activity Schedule does not list out all the...
For example the AS states: - Pumping Station pumps on site. But there is no activity which states install the pumps. - Construct Sub-station brickwork. But there is no activity which states install...
View ArticleAnswered: NEC3 ECC Option C: Does WAO apply to Agency Supplied Workers?
In the schedule of cost components there are two classifications for People. (1) Directly employed by the Contractor and (2) People who are not directly employed by the Contractor but are paid for by...
View ArticleAnswered: NEC ECC: Subcontractor timescales wrong on Accepted Programme
Of course the answer is yes. Any programme you take on face value and if something has changed or is wrong then it should be changed to reflect reality. There is no grounds to say for a single aspect...
View ArticleAnswered: NEC ECC: Costs for preparing quotations
As you rightly point out, it has to be an extra cost, so I am in agreement with you ... providing there is no extra cost. If the Contractor has staffed the job reasonably, but there are then...
View ArticleAnswered: NEC ECC: CE Option A, Contractor requesting CE under Option E?
Unfortunately for them that isn't what the contract says. They are obliged to submit a quotation based on the principles of (forecast) Defined Cost although it is possible that you can use agreed...
View ArticleAnswered: NEC ECC: Can a Contractor claim loss of profit on a compensation...
Not directly. If his tendered fee percentages make an allowance for this, then he would gain something. Otherwise, 'No'.
View ArticleAnswered: NEC ECS: Are people costs deemed to be included within the fee when...
The planner and QS are a People cost under the Shorter SCC. See also the first sentence of clause 52.1.
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