NEC ECC: Take Over at Completion or at point of issue of Completion Certificate?
Clause 30.2 states that the Project Manager decided date of Completion and certifies within one week. However – is it just the paperwork that comes one week later or do they not need to physically take...
View ArticleAnswered: NEC ECC: Costs for expediting, then there was additIonal delays.
Please can you clarify a couple of points: (1) which main Option is being used, (2) are you the PM, and (3) who's fault was the late design sign-off?
View ArticleAnswered: NEC ECC: Take Over at Completion or at point of issue of Completion...
Usually the PM should state the date of Completion on the certificate which by clause 30.2 might be up to one week before he issues the certificate. The date the certificate was issued is irrelevant...
View ArticleNEC PSC: Does a change to staff rates arising from Option X1: Price...
We have a Framework Contract with a Public Sector Client that is approaching its first anniversary and we are beginning the process of calculating new rates in accordance with Option X1. We are unclear...
View ArticleNEC PSC: Under the NEC3 PSC April 13 what is the submission period for an...
Under Clause 64.4 Contract states 'The Employer notifies the Consultant of his assessment of a CE and gives him details of it within the period allowed for the Consultants submission of his quotation...
View ArticleAnswered: NEC ECC: Assessing programme impact of a instruction which includes...
Option a) would be correct - assess the impact as a whole if it is all part of one event.
View ArticleNEC ECC: Costs for expediting, then there was additIonal delays.
Hi, we asked a Contractor to expedite delivery of a substantial item due to late design sign off - the item was coming from abroad. Costs associated with this would ordinarily be paid by us, naturally,...
View ArticleAnswered: NEC PSC: Under the NEC3 PSC April 13 what is the submission period...
The Employer would have the same period the Consultant had as stated in the contract i.e. two weeks, unless an extension was agreed in which case it would be that same extended period that the Employer...
View ArticleAnswered: NEC PSC: Does a change to staff rates arising from Option X1: Price...
I don't think there is a contractual need to notify an early warning in this situation. It would not seem as though anything could be done about it anyway - which is the whole point of an early warning...
View ArticleAnswered: NEC ECS: Valid reason for programme rejection?
Key Dates is a defined term at clause 11.2(9) which the Contractor has an obligation to meet at clause 30.3, the Key Dates are found in Contract Data part one. The programme requirements at clause 31.2...
View ArticleNEC ECC: Assessing programme impact of a instruction which includes both a...
When assessing the programme impact of a new instruction that includes both a scope increase and reduction, which method should be used (assuming both items are on the critical path): a) assess the...
View ArticleAnswered: NEC ECC: 61.6 - PM obliged to provide an assumption??
I think the two processes are being slightly confused here. If either Party thinks their COULD be an issue that might affect time/cost/quality then they should notify an early warning and then have a...
View ArticleAnswered: NEC ECC: Should contractor Insolvency result to a breach of...
This is a Z-clause i.e. written specially for the contract. On the face of it, the answer seems to be 'Yes' the Employe can terminate. However, I would be wary of reading this clause in isolation from...
View ArticleNEC ECC: No working area in SSCC?
Why does the Shorter Schedule of Cost Components not include Working Area Overheads?
View ArticleNEC ECC: Assessing programme impact of a instruction which includes both a...
When assessing the programme impact of a new instruction that includes both a scope increase and reduction, which method should be used (assuming both items are on the critical path): a) assess the...
View ArticleAnswered: NEC ECC: No working area in SSCC?
It has the percentage for People overheads instead. This covers the equivalent of the percentage for Working Area overheads AND other items in '4. Charges' of the full Schedule of Cost Components. The...
View ArticleAnswered: NEC ECC: Assessing programme impact of a instruction which includes...
Kevin, As Glenn has stated - if it is related to "one event" then yes it should be impacted as one. Assuming the instruction came through as an "addition/ omission of scope" in one instruction/ at the...
View ArticleAnswered: NEC ECS: Valid reason for programme rejection?
Danny, As has been said - As long as the programme shows what the contract requires there should be no grounds for rejection. Likewise, if the Planned Completion date/s run beyond the Contract Dates -...
View ArticleAnswered: NEC ECC: What next if PM rejects a notified CE?
In terms of explicit procedures in the contract, the next course of action is adjudication which, under W2, there is no time bar. However, implied within the contract - as there is a compensation event...
View ArticleAnswered: NEC ECS: Option A, no subcontractor rates have been advised to the...
Can you expand upon the circumstances a bit. E.g. : - where do these rates come from which the Contractor wants you to use later on in the contract ? - this is for a compensation event as opposed to...
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