NEC ECC: Which criteria should be considered in the Option Choice?
I am currently carrying out a post completion review on the choice to adopt the use of an Option B contract for a highway maintenance scheme, which encountered several changes during construction due...
View ArticleAnswered: NEC ECC: Contractor sent to site without an accepted programme
There is no obligation to have an Accepted Programme before starting works on site. In theory you could go the whole project without one (but please don't test this on your next project). The contract...
View ArticleAnswered: NEC3 ECC Opt A - Omissions from Site Information
From what you say - with clause 60.1 (12) for physical conditions deleted - the key question is "is the end result of hat the Contractor has to construct different ?". If the answer is 'Yes, then it is...
View ArticleAnswered: NEC ECC: Can anyone provide a concise bullet overview of the key...
In addition to Glenn's document below have a look at the supplemental agreement Glenn and I put together to transition NEC3 to NEC4. Not quite what you are after but it does pick up the most useful...
View ArticleAnswered: NEC ECC: The problem with time barring under cl 61.3
A couple of points to note; An EWN is not a compensation event notification, and The 'time bar' under clause 61.3 starts when the Contractor becomes aware that the event occurred, irrespective of when...
View ArticleNEC ECC: Contractor sent to site without an accepted programme
We were a Contractor on a project and we submitted a Clause 31 programme after contract signature. The Project Manager did not accept the programme. The contract had one access date for the whole of...
View ArticleAnswered: NEC PSC: Option X1, Price Adjustment for Inflation
It's very hard to answer this one as the option X1 in NEC3 PSC is essentially tow options in one as : - the first half is for "staff rates" which "are fixed at the Contract Date and are not variable...
View ArticleNEC ECC: The problem with time barring under cl 61.3
An issue occurred on site which caused the job to halt pending an investigation into safety concerns. A couple of days later the job was allowed to continue albeit on a reduced basis. Two weeks later...
View ArticleNEC TSC: Are the provisions of Clause 91.2 dependent on following the...
Two aspects to this question based on NEC 3 Term Service Contract; 1. The Employer terminates citing R11 , substantial failure to perform as the reason under Clause 91.2. Before the termination a...
View ArticleAnswered: NEC ECC: Progress meeting minutes
No - and industry should be very clear on this - minutes of meetings are not "instructions" or "notifications" under cl. 13. There must be clear compliance with cl 60 process to effect a "change", and...
View ArticleAnswered: NEC ECC: Can the Supervisor notify multiple Defects in one...
Whilst I do not disagree with Jon’s response I have a slightly different angle on this question/answer. My first point if you hadn’t mentioned about withholding payments then I would say in this...
View ArticleAnswered: NEC ECC: Defect notification and administration
I'm sure you will get multiple answers for this one as there are quite a few issues to consider, but here goes. Firstly the EDMS system, assuming this is an electronic document management system used...
View ArticleAnswered: NEC ECC: Are we entitled to move Completion Date if we are already...
I will firstly give a contractual answer and then I will give you a practical answer to your question: With the delay you describe, if the CE moves planned Completion by (roughly) one month there is an...
View ArticleAnswered: NEC ECC: “Spirit of mutual trust and cooperation” – what is it...
The “infamous” spirit of mutual trust element to clause 10.1 came in with NEC2(1995). It wasn’t in NEC(1) when it first came out in 1993. The original NEC contract did not fail without it, but it came...
View ArticleAnswered: NEC3 ECC Option A Clause X18.1 recovery of delay costs
Secondary Option X18 states what the limitation is on various liabilities, such as indirect or consequential loss, and is not a contract mechanism for recovery, which is dealt with elsewhere in the...
View ArticleAnswered: NEC 3 Option A - Neither party operated CE procedure properly
It would depend on what the compensation event was for, which determines whether it is the Contractor or Project Manager who should have notified the matter as a compensation event. If the Contractor,...
View ArticleAnswered: NEC3 PSC Key Dates
See clause 23.3. Put simply, the Employer is titled to be paid the additional cost they have or will incur on the same project. What the "same project" is may well be a matter for discussion.
View ArticleNEC ECC: Costs associated with changing the Employers risks within instructed...
Prior to contract, the envisaged design used an 'open cut' technique to form a structure. A redesign has been incorporated after contract award which now uses a pipejack, the approach for which has...
View ArticleNEC ECS: Price fluctuations
Were contracted under subcontract option A. If clause X1 does not apply would you be entitled to claim price fluctuations which are a result of delays from the Contractor as a compensation event?
View ArticleNEC ECC: Time Bar... or not to time bar
Contractor was delayed by Employer in 2015 – EWN were raised (in 2015) however no CE’s were ever issued… roll on to 2018 and Contractor has issued CE for delayed works in 2015 to increase target...
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