Answered: NEC ECC: Should PM notify a CE where change to Works Information...
No the Project Manager does not need to notify a compensation event if they believe it will/should have no effect on the Prices or Completion Date. The Project Manager I suggest should give an...
View ArticleAnswered: NEC ECC: Contractor programme held in client live P6: what of...
The requirement for a revised Accepted Programme is typically every four weeks, so what I have suggested previously is at that point in time taking a snap shot of that programme at the time/date...
View ArticleAnswered: NEC3 ECC Option C - Can the Risk Register included in Contract Data...
The Risk Register does per se does not allocate risks ... what is or is is not a risk which the Contractor should price for is governed by what is not a compensation event. However, as you infer, the...
View ArticleNEC ECC: Hiring or Purchasing
A temporary works solution the Contractor has employed on my schemes has had significant issues and is ultimately being scrapped. The temporary works are a bespoke design that they have chosen to adopt...
View ArticleNEC ECC: Should PM notify a CE where change to Works Information will not...
A Contractor has asked the PM to amend the works information to allow for sports events that have now been announced within the working vicinity. These sporting events are carried out over the weekend...
View ArticleAnswered: NEC ECC: Option B item included in works info but not BoQ
An error in the BoQ should be corrected by the PM in accordance with clause 60.6 and would be a compensation event. An error would include an omission from the BoQ. You should check the method of...
View ArticleAnswered: NEC ECC: Accepting Defects cl 44
Like Jon I am a little confused with the scenario. Is this a defect in the first place? If you have complied with the Works Information and now they have decided they want something different, then...
View ArticleAnswered: NEC ECS: We have over 1,500 CEs in a contract that was originally...
As you rightly state, NEC contracts provide for reasonable recompense for changes (compensation events) so I don't see how the principle of Quantum Meruit would apply. The administration of such a...
View ArticleNEC ECC: Apply subcontractor fee on group company?
On all ECC options, where the Contractor subcontract work to a member of its own group is the Contractor able to claim fee on the subcontractors cost which includes fee?
View ArticleAnswered: NEC ECC: If the EW is shown on a programme, should it be a...
I would recommend showing the early warning as an activity, with the actual start date being the date it was raised, and the remaining duration the minimum time it is envisaged that it would take to...
View ArticleNEC ECC: Historic Accepted Programme Incorrect
ECC Option A: A historic Compensation Event arose (say for eg. CE005) and was notified in accordance with the contract. The CE was implemented and the Prices and Completion Date was changed...
View ArticleAnswered: NEC ECC: Historic Accepted Programme Incorrect
There is no mechanism to revisit an implemented compensation event. The idea is you agree the CE and move on - it would massively change the risk profile to both Parties if any CE could be reassessed...
View ArticleAnswered: NEC ECC: Apply subcontractor fee on group company?
If the other part of the group is separate limited company, then they would count as a Subcontractor. However, under NEC3, as opposed to NEC4 where it is different, how the Contractor's subcontract...
View ArticleAnswered: NEC ECC: Can you re-open a closed early warning?
Technically I don't think it really matters - but probably cleaner to just notify a new early warning. You can reference the previous raised one within that communication to link it. Presumably the...
View ArticleAnswered: NEC ECC: Not being able to agree the wording of assumptions
It depends a bit on the type of assumptions. If these are Project Manager assumptions that turn out to be incorrect, if these are then able to be reassessed as a new compensation event under 60.1(17)....
View ArticleAnswered: NEC ECC: NEC suite of contracts in electronic format?
Yes it is and you can buy these direct from the authors of the contract direct and you will find the details at www.neccontract.com. Better have your big cheque book ready mind! :-)
View ArticleAnswered: NEC ECS: How is an instruction under an 'Emerging Cost plus fee'...
Firstly, I am not sure what 'emerging cost + Fee' is. I assume it means at actual Defined Cost incurred + Fee, but I would check to ensure. As it is the Contractor who should notify the compensation...
View ArticleAnswered: NEC ECC: Failure to certify takeover and resultant effect on delay...
The PM has to certify Completions under clause 30.2 and take over under clause 35.3. It therefore appears that the Project Manager is in breach of these two obligations x 3 times. Neither of these are...
View ArticleNEC ECC: Subcontractor Damage to Works
Whilst working on a ECC contract Option A we have had a Subcontractor damage an element of our main works equipment. The Subcontractor is on a back to back NEC3 Subcontract Option A. As they did not...
View ArticleNEC ECC: How could Option X7 Delay Damages be levied by the original Employer...
The Contractor is delivering an NEC3 ECC Option C contract to Employer A. Contract completion date is 1st September 2018, when all equipment needs to be packaged and ready to send to site. Option X7...
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