NEC3 ECC - When is a Pay Less Notice issued?
When is a Pay Less Notice issued? Assuming a Payment Certificate has been issued on time. a) When the PM/Employer intends on paying less than the sum notified in the Payment Certificate? b) When the...
View ArticleAnswered: NEC3 ECC - When is a Pay Less Notice issued?
The provisions are contained within Option Y(UK)2, under clause Y2.3. This clause should state when a 'Pay Less' notice is to be notified to ensure that it is enforceable, which is either the...
View ArticleNEC ECC: Do you include mitigation within a CE assessment?
We have been awarded a compensation event, which prevented the works from being carried out in sequence and manner that was intended, however in order to keep the works progressing we moved on to...
View ArticleNEC ECC: Option B - Errors in BoQ related to Prelims
The BoQ under this contract is measured using NRM2, the BoQ only contains one lump sum for Prelims without division into the rules as per the method of measurement which is a mistake (60.6). Should the...
View ArticleNEC ECC: Can a Client choose a specific make from a list of specified...
Can Client specify at this stage what materials we have to use?
View ArticleAnswered: NEC ECC: Do you include mitigation within a CE assessment?
clause 63.1 sets out the dividing point of actual and forecast cost to be used when preparing the quotation. If, as you say, you have carried out mitigation to reduce the delay then my suggestion is...
View ArticleAnswered: NEC ECC: Can a Client choose a specific make from a list of...
if the Works Information contains a list of specified materials that the Contractor can select from and the Employer is now restricting this list to only one choice then the Project Manager would have...
View ArticleAnswered: NEC ECC: Option B - Errors in BoQ related to Prelims
There are two separate compensation events here : 1. For a mistake in the BoQ which needs to be corrected (from memory as I don't have the contract in front of me) under clause 60.6; and 2. One which...
View ArticleAnswered: NEC ECC: Do you include mitigation within a CE assessment?
You are obliged to mitigate as a general point of law but you are not obliged to accelerate which is a completely different thing. If you could do things in a different order to accommodate the CE then...
View ArticleAnswered: NEC ECC: Can Implemented CE's under NEC3 be changed for calculation...
The Project Manager has no authority to do this either contractually or morally : - contractually, there is simply no clause in the contract which entitles them to do this; - morally, if you had...
View ArticleNEC ECC: Which milestone is time assessed against - planned or Completion Date?
Option A , PM and C agreed to reduce Term Float to help Employer with handover date expectations. As PM we agree that subsequent CEs have moved planned Completion by 65weeks , however Completion Date...
View ArticleAnswered: NEC ECC: Which milestone is time assessed against - planned or...
I will try to answer this question although I am unsure if the agreement to reduce terminal float occurred before the subsequent CE’s. For the purposes of the answer I will assume that it was. It...
View ArticleAnswered: NEC ECC: Weekend working and planned Completion
Not straight forward this one but it depends I would say upon the true intent of how the work was planned to be done. If it was reasonable to have forecast that weekend working was possible on this...
View ArticleNEC ECC: Correcting a defect - cost if licences are required after Completion
If additional licences/consents are required to correct a defect after the completion date,and these licences/consents incur a cost, is it the Contractor or the Employer who needs to organise/pay for...
View ArticleNEC PSC: Is the PSC contract suitable for the supply of goods?
A PSC Contract is in place for design but has been extended by Compensation Events for the supply of Long Lead Items. An ECC contract will soon be set up for the Build phase. Our aim is to minimise the...
View ArticleAnswered: NEC PSC: Is the PSC contract suitable for the supply of goods?
No it is not : it is for the supply of professional services whereas the Supply Contract is for the supply of goods (manufactured specifically for the project). As such, the liability - and hence...
View ArticleAnswered: NEC ECC: Correcting a defect - cost if licences are required after...
To answer you question very specifically (and lets use option A as the example). If the Contractor is correcting a defect but the Employer in Works Info is due to provide traffic management, or...
View ArticleNEC ECS: We have over 1,500 CEs in a contract that was originally £15M, can I...
NEC3 Option A, Rail Sub-Contract. The Contractor failed to complete the design and did not regularly accept programmes. Despite the lack of design we progressed with the subcontract works. 50% of the...
View ArticleNEC ECC: Option B item included in works info but not BoQ
Under option B what happens if a work item is included in the Works Information but was excluded in the Bill of Quantities? In this case the temporary sign is on the drawings but not included in the bill.
View ArticleAnswered: NEC ECC: Hiring or Purchasing
You don't say what option you are working under, but I presume it is C? Many Employer's overlook the fact that in choosing Option C they not only share the gains that the Contractor makes, but also...
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