Answered: NEC ECC: Clause 32 v Clause 62 programmes
Clause 32 revised programmes have to be accepted/rejected by the Project Manager the same way as the initial clause 31 programme. Clause 62 programmes (as you call them) are programmes that go with a...
View ArticleAnswered: NEC ECC: Can a Project Manager reassess a compensation event
No, clause 65.2 is clear that once implemented a CE quotation is not revised, the only exception being where a PM assumption used in the quotation has proven to be incorrect in which case a new CE is...
View ArticleAnswered: NEC ECC: Assessing Contractor Staff Time in an Option C...
Just to clarify, disallowed cost relates to assessments of the Price for Work Done to Date and not the assessment of compensation events. Equally disallowed cost is not a function of what has been...
View ArticleAnswered: NEC3 ECC: Option B SSoCC Payments for Electricity
The opening sentence of Equipment 2 states "The following components of the cost of Equipment which is used within the Working Areas (including the cost of accommodation, but excluding Equipment cost...
View ArticleNEC ECC: Clause 32 v Clause 62 programmes
Do both clause 32 & clause 62 programmes need to be accepted?
View ArticleAnswered: NEC ECC: Replacement of Project Manager
The Employer should notify you under clause 14.4, not the new / ex-Project Manager.
View ArticleAnswered: NEC ECC: Does "Take over" also require a "Completion Certificate?"
No. Sectional Completion is covered by option X5, whilst take-over is covered by core clauses 35. They are separate things, albeit they might interact would with each other IF X5 had been specified and...
View ArticleAnswered: NEC ECC: Can a Project Manager reassess a compensation event
If during actual implementation of the works there are deviations from the assumptions provided by the PM in how to assess the CE, then you can reassess the CE. The difference between the original...
View ArticleNEC ECC v NEC ECSC - BOQ & Price List
The Employer tendered the contract on an NEC3 ESCS. However when putting the Price List together, it supplied a Bill of Quantities for the Contractor to price similar to that of an Option B ECC...
View ArticleAnswered: NEC ECC: CECA applied for weekend work when hire cost covered in...
What is Defined Cost in option A is defined in the SSOCC and not based on the actual cost incurred by the Contractor. For Equipment, provided it is covered by the CECA schedule then you include in the...
View ArticleAnswered: NEC ECC: Site boundary
Firstly the Site is defined at clause 11.2 and the 'boundaries of the site' is stated in Contract Data Part 1, although there is usually cross referencing between the two (wording of 'above and below'...
View ArticleAnswered: NEC ECC: Main Contractor's Discount: Missed opportunity... is it...
Presumably you're using main Option C, D, E and I will answer on this basis. Firstly you are right to expect the discount to be passed on to the Employer, clause 52.1 refers to "Defined Cost ... with...
View ArticleAnswered: NEC PSC: Entitlement with delayed planning approval?
If you are certain that (1) the event wasn't due to an instruction from the Employer etc (see clause 61.1) and (2) that it has been more than 8 weeks since the Consultant was aware of the event (see...
View ArticleNEC ECC: CECA applied for weekend work when hire cost covered in weekday...
Option A, agreed plant & equipment at CECA minus a percentage. CE has been raised to cover weekend working though I’m aware that there would be no additional hire cost to the contractor (fuel is...
View ArticleAnswered: NEC ECC: Change to Programme due to Employer's Risk not occurring
If the approvals are given quicker then this does bring forward the planned Completion but NOT the Completion Date. Even if 60.1(14) was applicable as a CE, there may be a cost saving but in terms of...
View ArticleAnswered: NEC ECC v NEC ECSC - BOQ & Price List
In the absence of an express term dealing with errors in the Price List e.g. ECC clause 60.6 I agree with your interpretation that errors in the Price List under the ECSC are the Contractor's risk....
View ArticleAnswered: NEC ECC: Is delaying Contractor payments on their option A activity...
You can’t particularly seek compensation for adverse cashflow – what could be done is to allow the Contractor to revise their activity schedule to at least be able to claim the bit they have done, and...
View ArticleNEC ECC: Delay Damages under Option B
I have a badly worded limitation to Delay Delay damages clause. The Main Option is Option B. The delay damages are limited to 5% of the contract value. Contract value is not defined in the contract....
View ArticleAnswered: NEC ECC: At what point is a programme treated as being submitted...
I think the bigger more specific point here is not whether the Contractor issued a programme at tender, but whether they referenced that said programme in contract data part 2. If they have, then by...
View ArticleAnswered: NEC 3 Option B - Use of BoQ to remeasure a bill item
If the Works Information is being revised ie the drawings are being changed to show an additional length of kerbing and trenching then that is a compensation event under clause 60.1(1). The default to...
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