Answered: NEC ECC: Additional charges over and above X7 Delay Damages
By selecting Option X7 the Employer has liquidated his potential losses into a fixed amount per day in the contract. These damages are an exhaustive remedy for delay in completion of the works and when...
View ArticleNEC ECC: Additional charges over and above X7 Delay Damages
I have a scenario whereby an Employer has appointed a principle Contractor to complete the civil works and a Contractor to complete the building works on the same project. There is no contract in...
View ArticleAnswered: NEC ECS: Price fluctuations
The assessment is the affect on Defined Cost. Although you couldn't apply an X1 'price fluctuation' adjustment, per se, if you have genuine grounds to believe that there is an increase in Defined Cost...
View ArticleAnswered: NEC ECC: Time Bar... or not to time bar
I add to Andrew's answer : to see if it is the Project Manager who should have raised it at the time of the event - and if so, it is not time-barred - read clause 61.1.
View ArticleAnswered: NEC ECC: Costs associated with changing the Employers risks within...
The GBR (Geotechnical Baseline Report) needs to be determined as to what status it has under the contract. Usually it is included as Site Information but where it is included as Works Information then...
View ArticleAnswered: NEC TSC: Are the provisions of Clause 91.2 dependent on following...
1. Termination for "substantially failing" requires two separate notifications and a certificate. The first notice is the one required under clause 91.2 from the Service Manager to the Contractor...
View ArticleAnswered: NEC ECS: Price fluctuations
X1 is specifically about "inflation" rather than any price fluctuations. But not withstanding that, any compensation event that you are assessing you are basing it on prices/risk that you now know...
View ArticleAnswered: NEC ECS: What recourse is available to an Employer / Main...
Alex - Where you do not have a liquidated damages provision, such as X7, the entitlement is to general damages. To recover damages the party saying they have incurred them must prove the actual loss...
View ArticleNEC ECC: Restarting works
Can the Contractor request the works to be restarted after receiving a Project Manager instructions to stop the works?
View ArticleAnswered: NEC ECC: Communication between Project Manager and Contractor
Not formally, although you can notify a compensation event under clause 60.1 (6) which should focus the Project Manager's attention.
View ArticleAnswered: NEC TSC: The Employer has 'defined' R11 under a service level table...
1. There was a legal case from a few years back where the judge said "you can deem a dog a cat but that doesn't make it so". However I follow your view that the contract does at least appear to attempt...
View ArticleAnswered: NEC ECC: Overtime payments on CE
Declan If the quote is reasonable and the out of hours working is beneficial to the Employer then I suggest it should be accepted. The alternative is presumably for the work to be carried out during...
View ArticleAnswered: NEC TSC: Does the wording of Clause 90.2 exclude common law...
In short, yes it does. The clause is clear that the only rights of C are as stated in Cl. 90.2. That means C’s rights are contractual to exclusion /limitationnof those rights existing otherwise under...
View ArticleNEC ECC: Change of scope
If the Contractor communicates a change to the scope with the client and carries out the work at a lot of extra cost and later when putting in a claim for the extra time and cost, the PM states that no...
View ArticleAnswered: NEC TSC: The Employer has 'defined' R11 under a service level table...
The general approach of the courts is to apply the contract as it is written. If it says that a substantial failure is x then, almost certainly, that is what the court will hold to be the case. As Neil...
View ArticleAnswered: NEC ECC: Which criteria should be considered in the Option Choice?
Declan is right to point out that this is not an easy topic to condense into an answer on Reachback. Can I suggest that you review other published sources of information for a more in depth analysis:...
View ArticleAnswered: NEC ECSC - Price List Item Description
The Contractor's primary obligation is to Provide the Works in accordance with the Works Information (clause 20.1), not in accordance with the Price List. What comprises the Works Information is...
View ArticleAnswered: NEC ECC: Communication between Project Manager and Contractor
One other thing I would add to the comments below is that if one of the good NEC cloud based communications systems is being used - with read only access by the Employer- it becomes abundantly clear...
View ArticleAnswered: NEC ECC: New Works Information issued with out PMI's
Provided the communication complies with the requirements of clause 13, then it would be a valid instruction. There have been other posts on this subject recently which you can find in a search. If the...
View ArticleAnswered: NEC ECC: Early warning
Early warnings are between the Project Manager and Contractor, not the Client, Supervisor or, for that matter, Subcontractors, so the whether the Contractor 'told' the Client is contractually...
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