Answered: NEC ECC: Entitlement to a CE if the duration of works undertaken by...
I will let someone else add to this answer from a legal perspective but what I will say is that this HAS to be resolved at tender stage. You could/should put in a TQ at tender stage asking what the...
View ArticleAnswered: NEC ECC: Key Dates defined as a duration after Access
You should notify the compensation event for lack of access by date stated in CD1. When assessing that compensation event, the effects that will have on the Key Date should be taken into account, which...
View ArticleAnswered: NEC ECC: SSOCC Option A - compensation event subsistence costs
Under clause 63.1, the change to the Prices is the EFFECT of the compensation event on Defined Cost (whether forecast or not) + Fee. Cost comes from use of the resources, so the first question is...
View ArticleNEC ECC: Notified CE's changing duration on the programme
Can a notified CE (NCE) change duration once it has been added to the programme? E.g. If NCE added in June with 10d duration, can it have changed to 20d duration by August programme submission? (still...
View ArticleAnswered: NEC ECC: How could Option X7 Delay Damages be levied by the...
From a general point of view what Employer A and B are doing indicates a flawed contract strategy! However if Employer A knows what they are doing they'll manage the novation in such a way so that...
View ArticleAnswered: NEC ECC: Subcontractor Damage to Works
This should be dealt with as an insurance matter, refer to the third insurance in the Insurance Table, the relevant words being "... loss of or damage to property ...". The exclusion "except the...
View ArticleAnswered: NEC ECS: Subcontractor demobilised from site
I think Jon has given very good advice here. The fact is that there is no such thing as "contra charges" in NEC contracts. You can only use the mechanism(s) within the contract to seek recovery from...
View ArticleAnswered: NEC ECC: X7 Delay Costs inserted at £0 per day, Employer trying to...
I will keep this brief... No. They have no other recourse - that is the whole point of putting them in at zero - to show the Contractor they have no liability and therefore would no doubt have given a...
View ArticleAnswered: NEC ECC: Paid sleep days after night works
Under an Option E contract you are paid Defined Cost plus Fees. Defined Cost is a term defined at clause 11.2(23) of the ECC which is broken into three elements (1) payments to Subcontractors, (2) cost...
View ArticleNEC ECC: Can you direct me to the clause in Option B which notes the BoQ as...
I was recently involved in a scheme wherby the Contractor submitted the Final Account with measured quantities exceeding / less than those included in Tender BoQ. When questioned, the QS noted that the...
View ArticleAnswered: NEC ECC: Amendments to Composite Rates NEC Option B and the...
Your answer is C, unless you choose to use BY AGREEMENT bill of quantity rates. Otherwise like any compensation event it would be an add and omit based on forecast Defined Cost now. If you can prove...
View ArticleAnswered: NEC ECC: Can you direct me to the clause in Option B which notes...
I would start with clauses 11.2(28) which, in part states, that the Price for Work Done to Date is the total of: • the quantity of the work which the Contractor has completed for each item in the...
View ArticleNEC ECS: Subcontractor demobilised from site
One of our subcontractors demobilised from site without any prior written notice to the main contractor and we are now having programme delays to completion. We need to write a contractual letter to...
View ArticleAnswered: NEC ECC: Can you direct me to the clause in Option B which notes...
Thank you for your response. Where you have noted... ‘PWDD is based on the quantity of completed work, the BoQ is subject to remeasure’... is the term ‘remeasure’ the correct term to use. I find it...
View ArticleNEC PSC: Suitability for a security contractor?
Would a PSC be suitable for a security contractor who is to provide security services for a site which includes security personnel, CCTV equipment and Software ?
View ArticleAnswered: NEC ECC: Is there a limit on when a Contractor can go to adjudication?
The 'Construction Act' provides that a dispute may be referred 'at any time' (s108 (2) (a), so the answer is 'yes'.
View ArticleAnswered: NEC ECC: When is "starting date" if contracts are signed late?
The "starting date" is the date defined in Contract Data Part One. Once the contract is signed that is the date that will be effective, whether it is before, at the same time as or after the date of...
View ArticleNEC3 Option A: How many levels of Subcontracts are acceptable?
Whilst undertaking works on an Option A Subcontract, how many tier's of subcontract are required? For example, the main Contractor issues a subcontract to a supplier for goods and services, then the...
View ArticleAnswered: NEC ECC: Change to Works Information / CE
It is not clear from your question if the “core report” has been issued as revised Works Information, ie the previous WI showed a different pavement section, or if the report was issued as revised Site...
View ArticleAnswered: NEC ECC: Access date changed but Key and Completion Dates did not
James - we have spoken about this off line and the issue here is the point that Dave touched on. There is no doubt that not having access is a compensation event. The problem is that this is one that...
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