Answered: NEC ECC: Option B - Can a Compensation Event be added to the Scope...
The Project Manager can instruct a change to the 'Works Information' (under NEC3) / 'Scope' (under NEC4) and this is a compensation event under clause 60.1(1). So, how can I say this in the nicest...
View ArticleAnswered: NEC ECC: Is lack of information in the Works Information a...
The Works Information is provided by the Employer. If it says to 'do something' then that is what you price for in the Activity Schedule. If the 'something' subsequently changes to 'something else...
View ArticleAnswered: NEC ECC: Works Information identifies "working days" - would this...
The argument here is tenuous to say the least. In secondary Option X7: delay damages at clause X7.1 it uses the words "for each day" and not the words "for each Working Day". Therefore there's no...
View ArticleAnswered: NEC ECC: Option C - Instructing works without agreed prices.
No this is not allowed under the contract. the bit that is correct is that the works can proceed without first agreeing the quotation. However, the compensation event should be assessed as a reasonable...
View ArticleAnswered: NEC ECC: Weekend working to mitigate delay
It is based on the latter as, due to their mitigation actions, planned Completion compared with planned Completion as shown in the Accepted Programme is not put back - see NEC3 clause 63.3/ NEC4 clause...
View ArticleNEC ECC: Ownership of the weather risk and commercial opportunity
Initially the specification stated that the Contractor "will need to make adequate allowance in his demolition programme for down time due to poor weather conditions especially high winds". The WI also...
View ArticleAnswered: NEC ECC: Weekend working to mitigate delay
There are two options here. Either the Contractor assesses the compensation event based upon a five day week and then sees/agrees the impact on planned Completion and thus Completion Date accordingly....
View ArticleNEC ECC: Works Information identifies "working days" - would this apply to...
The NEC3 does not give a definition of 'day'; however in one contract there is a separate definition given for 'Working Day' which specifically excludes weekends and Bank Holidays. In a delay situation...
View ArticleAnswered: NEC ECC: Defects Date
The Supervisor is obliged to issue the Defects Certificate either at; - the defects date, or - the end of the last defects correction period, if a later date. Any outstanding contract administration...
View ArticleAnswered: NEC ECS: Wrongful termination by the Contractor
Well, putting myself in the Contractor's position it would substantially help if they had informed you of how exactly you were in default / substantially failing to comply with your obligations, as you...
View ArticleAnswered: NEC ECC: Employer drafting and accepting Contractors's programmes
This is not unheard of - but more common at Contractor/Subcontractor level. First question would be why have you given a job to a Contractor who has an inability to produce a programme? It is not...
View ArticleAnswered: NEC ECC: Direct fee and subcontract fee on NEC3 ECC option E contract
No, these three make up Defined Cost and are intended to avoid the need for the calculation of minutae when compensation events occur, so - the percentage adjustment for listed Equipment is normally a...
View ArticleAnswered: NEC:ECC option A how do I assess compensation Events when the SSCC...
Before any decision is made on whether to extend the Working Areas have a look at NEC3 ECC clause 15.1 which gives two reasons for not accepting a proposed addition to the Working Areas. From a purely...
View ArticleAnswered: NEC ECSC: Does the Price List form part of the Works Information...
The answer is 'No'. However, when the Price List is written by the Employer, it is not unusual for there to be a reference to the Price List from the Works Information incoporating the descriptions in...
View ArticleAnswered: NEC ECC: Archaeological Watching Brief
You need to clearly define in the Works Information what your expectations are for a "watching brief". If there is a significant risk of archeology then a survey should be carried out and the results...
View ArticleAnswered: NEC ECC: Option A Pricing Risk
Clause 63.1 defines the point in time which separates actual and forecast Defined Cost in a CE quotation assessment. Having said this, however, I personally believe that it is the point in time when...
View ArticleAnswered: JCT - Client changing specifications - what can I claim?
I assume you mean the original OHP as a lump sum. The reality is probably not but in pricing the change as you describe you would be entitled to adjust the OHP percentage if the nature of the work is...
View ArticleAnswered: NEC3 Option A - PM Instructs Use of Alternative Sub-Contractor
There is no obvious compensation event for this and it is not envisaged that the PM has the authority to do this. However, given that you say this was an "instruction" from the Project Manager, a good...
View ArticleNEC ECC: Deferment of Access Date
Subcontract : Option A We have a subcontractor under an option A Contract. No Start Date but Access Dates. The Contractor has a 3 week cancellation period to defer these Access Dates written into the...
View ArticleAnswered: NEC ECC: Temporary Traffic Management - Security of Works Areas
You can certainly insist that it is by HERAS panels, providing it is legal to do so as in it satisfies legal requirements for safety. In response to your first question, this is why I am pleased that...
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