NEC ECC: Archaeological Watching Brief
Bit of a broad question but can anyone advise on how to include for an archaeological watching brief when preparing Work Info pack for earthworks project? Thanks
View ArticleNEC ECC: Option A Pricing Risk
When Pricing works after they have been instructed and completed upon defined cost am i allowed a reasonable amount for risk even though it has not occurred?
View ArticleAnswered: NEC ECC: Deferment of Access Date
Thanks for the reply Dave. The Subcontractos Contract Data Part 2 stipulates an Access Date, but also gives the Contractor the option to cancel or defer the access date giving a 3 weeks notice period....
View ArticleNEC ECC: Named/nominated Contractor
The Employer has named a preferred Subcontractor with in the Works Information, for which the Contractor has engaged to provide the works, with no provision for Nominated Subcontractors with in the NEC...
View ArticleAnswered: NEC ECC: If the Subcontractor fails to submit a compensation event...
In short no. In fact, they do not respond with their quotation within the period of reply but within the period stated in the contract, which unless amended with a Z clause will be one week. Clause...
View ArticleAnswered: NEC ECC: Contractor claiming time for reviewing subcontractor award...
Main Options C and D often lead to disputes regarding the inclusion of staff costs in CE quotations. The basic principle is; the total Defined Cost with the CE less the total Defined Cost without the...
View ArticleAnswered: NEC ECC: Named/nominated Contractor
I'm assuming that the preferred subcontractor was identified at tender and has not been introduced as a CE (change in WI). If that is the case the Contractor is responsible for the performance of the...
View ArticleAnswered: NEC ECC: Is the introduction of new 'target dates' outside of those...
I would suggest this is a compensation event under clause 60.1(1) as it is a change to the Works Information i.e. a new constraint that you did not have before. Therefore yes you should show how you...
View ArticleNEC ECSC: Increase in sub-contractor costs due to client delays
I am involved in a project under NEC Short contract which had an initial programme of 31 weeks. The contract was tendered for in October 2016 and awarded in April 2017. Due to a series of client...
View ArticleAnswered: NEC ECSC: Increase in sub-contractor costs due to client delays
Firstly you need to identify which compensation event has occurred under clause 60.1 as "client delays" is vague - what specifically has occurred and how does this relate to any of the stated events?...
View ArticleNEC ECSC: Increase in sub-contractor costs due to client delays
I am involved in a project under NEC Short contract which had an initial programme of 31 weeks. The contract was tendered for in October 2016 and awarded in April 2017. Due to a series of client...
View ArticleAnswered: NEC ECC: Is the Contractor Due Payment for Standing Time?
Firstly you need to satisfy yourself that the matter is a CE under the contract. Clause 60.1(2) provides that there is a CE if access is not allowed by the access date and the date shown on the...
View ArticleAnswered: NEC ECC: Disallowed Costs due to Temporary Works Error under option C
This is a fitness for purpose -v- skill and care argument in disguise as an issue around temporary works. Why do I say that? Basically this comes down to whether the design ( and then installation) of...
View ArticleAnswered: NEC ECC: Delay to Planned Completion - Cost
There is an important point here as to sequence and timing which is not entirely clear to me from the question. I think the sequence is 1) PM instructs use of particular material, 2) Contractor adjusts...
View ArticleAnswered: NEC ECC: After completion of the whole of the works but before the...
The relevant clauses in NEC3 are 42.1 "Until the defects date, the supervisor may instruct the contractor to search for a Defect..." and 60.1(10) The supervisor instructs the contractor to search for a...
View ArticleAnswered: NEC3 ECC: Over Resourcing People under option A
In short yes - if two foreman were not needed for that activity. A compensation event is based upon what would be a reasonable forecast as to what the event would have cost(63.1) that will included an...
View ArticleAnswered: NEC ECC: Termination of contract payments
If amounts were certified prior to the Project Manager issuing a termination certificate then the provisions of the 'Construction Act' would still apply and payment would have to be made by the final...
View ArticleAnswered: NEC ECC: Allowing sufficient time for PM to assess Contractor's CE...
A number of things here : - an instruction to do work (as a change to the Works Information) is a separate thing from a compensation events progress through the CE procedure i.e. getting on and doing...
View ArticleAnswered: NEC ECC: Shallow underground services in a town centre environment
The context of ‘experienced contractor’ here is of a Contractor making a judgement with regard to the likely occurrence of certain physical conditions. It follows, therefore, that the ‘experience’...
View ArticleAnswered: NEC ECC: Value Engineering - NEC3 ECC Option C
In Option C there is no procedure for the Contractor to propose changes to the Works Information as 63.11 only deals with the commercial impact of such a proposal. Whilst technically a value...
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