NEC3 ECC: Assessing a revised CE under option C
I priced a PMI under cl 61.1.(1) & made an allowance of 5% risk, we since had comments back & provided a revised quotation, this time increasing the risk to 8% following the revised quotation...
View ArticleNEC3 ECC: Option C: Inclusion of People under Defined Cost for CE's
A Contractor's quotation for a Compensation Event includes for the cost of People as associated with doing the work resulting from a Project Managers Instruction changing the Works Information. For...
View ArticleNEC3 ECC: Option D - Consequential Costs due to Defects caused by Contractor...
Under NEC 3 Option D, it is clearly stated that the "cost of correcting Defects caused by the Contractor not complying with a constraint on how he is to Provide the Works stated in the Works...
View ArticleNEC3 ECC: Clarification of who is responsibility for notifying compensation...
Under the NEC3 Contract (Option C): Which compensation events is the Project responsible for notifying, and which compensation events is the Contractor responsible for notifying? For the compensation...
View ArticleAnswered: NEC3 ECC: Option C: Inclusion of People under Defined Cost for CE's
The answer can be found in: 1). Core Clause 63.1 which explains how compensation events are assessed, 2). Option C Clause 11.2(23) which gives a definition of Defined Cost, and 3). the Schedule of Cost...
View ArticleAnswered: NEC3 ECC: Assessing a revised CE under option C
The PM's argument is not a valid argument under the contract. The PM does not have the authority to decide how a compensation event is assessed. Both the PM and the Contractor must assess the...
View ArticleNEC3 ECC Option D - Costs due to Correction of Defects
In our ongoing project, defective works were encountered due to Contractor not complying with a constraint on how he is to Provide the Works stated in the Works Information. My questions are as...
View ArticleNEC3 ECC: Long term sickness on an option C
Fully aware that the SOCC allows for sickness, Holidays etc to be built up in the rates. However if a project manager was on a project full time for a client and expected to be on the project until...
View ArticleNEC3 ECC: Professional fees included in SCC?
On a cost reimbursable ECC option C should the client be expected to pick up the contractors staff Professional Fees (e.g. RICS annual membership, or uni fees) The NEC doesn't specifically state the...
View ArticleAnswered: NEC3 ECC: Clause 62.6 late Project Manager response to compensation...
It is not clear if the Contractor has followed the "reminder" process within your example. According to clause 62.6 of the contract, if the Project Manager has not responded to the quotation within two...
View ArticlePlanning: If proposed construction is illegal, is it legal to make a Party...
Is it legal to make a Party Wall Award, when the Construction is not permitted and has no planning permission?
View ArticleNEC3 ECC: defect as a result of Contractors design changes proposals which...
Would someone guide me on what will be the Contractor's liability for defects that resulted in impeding the performance criteria set out within the WI, considering the fact that design changes were...
View ArticleAnswered: NEC3 ECC: Defects - mechanics of clause 44 & 45
Remember what clause 50.2 tells you. The amount due each period is the Price for Work Done to Date plus/less any other amounts to be paid to/from Contractor. This amount to correct a defect would now...
View ArticleAnswered: NEC3 ECC Option B: Is traffic management included within attendances
Attendances isn't a defined term under the NEC, so you need to check the definitions within the Works Information or, given that it's Option B, within the referenced Method of Measurement.
View ArticleAnswered: NEC3 ECC: Difference between EW, notified CE, implemented and non...
As author of the aforementioned article let me try to give you give you some practical (as opposed to contractual) definitions explaining the difference between them: EW (early warning): – where either...
View ArticleNEC3 ECC: Failure by PM to respond to a CE
A CE was issued and the Contractor returned quote within the time allowed however the PM failed to reply within the agreed period so issued new CE cancelling original CE and issues a new CE for the...
View Article1 in 10 Weather Events and associated Ground conditions
I am currently working on an overhead line scheme which requires 100's of different access requirements on 3rd party land. The contractor had ample opportunity to review the access and way leave...
View ArticleNEC3 ECC: Ground conditions and 1 in 10 weather events
I am asking for clarification around claims in and around weather and their effects. We are getting situations that due to the level of rainfall that we have experienced over the winter this has...
View ArticleAnswered: Early Warning vs. Compensation Event
Broadly yes, although from memory in the example it was not known straight away it would be a problem, hence the initial early warning. Very soon after it was known to be an issue so was then notified...
View ArticleNEC3 ECC: X18.4 Limitation of Liability
Subcontractor (SC) failed to meet his obligation in terms of providing the works as per agreed programme and clauses 20.1/30.3. despite numerous EW and meetings and communications. SC is under...
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