Answered: NEC ECC - Italics and Capitals
I know of no instances where this has happened, but I personally am a stickler for the correct use of italics and capital initials. If it ever got tot he courts, there would have to be two different...
View ArticleAnswered: NEC ECC: Subcontract Start Date Earlier than Submission Date
Clauses 26.2 and 26.3 prohibit the Contractor from appointing a proposed Subcontractor (on the proposed subcontract conditions) so this is where the breach of contract occurs. The only remedy in the...
View ArticleAnswered: NEC ECS: Compensation Events - Recovery of Material Costs
Neil has given a very constructive answer. Here is my simpler answer (although may be less helpful) and the way forward for future contracts. Don't sign up to a fee percentage that does not cover the...
View ArticleAnswered: NEC ECC: Will Contractor proposed extended working hours be a...
I have assumed that the preliminaries you refer to are both the subcontractor's and your costs. What you are effectively trying to do here is instruct the Subcontract to accelerate via a compensation...
View ArticleNEC ECC: Would temporary sheet piles be classified as "Equipment" under...
Would temporary sheet piles be classified as "Equipment" under NEC3 Option C? or would they be classified as "Plant & Material"? The piles, if left in would be sacrificial, would this then mean...
View ArticleNEC ECS: Supervision for production related cost when no EOT exists
We are a precast concrete Subcontractor under an option A subcontract. When pricing compensation events that have no EOT, the Contractor is happy to pay for the additional factory labour but not the...
View ArticleAnswered: NEC ECC: Delay Damage liability to Contractor when Employer cannot...
It sounds like the project may be complete as defined in the contract, albeit with Defects. The test you apply to establish if Completion has been achieved or not is found at clause 11.2(2) - in the...
View ArticleAnswered: NEC ECC: Additional Sectional Completions to Option A
Yes there is no mechanism to introduce a new sectional Completion mid contract as you will not have had the chance to assess the risk/cost associated with that within your tender price, and would not...
View ArticleAnswered: NEC ECC: Contract Data & SSCC
I am pretty sure Rob Horne will add to this answer from a legal perspective but I have a wider question here which is too late for this scenario but might avoid future such scenarios: 1. why would a...
View ArticleNEC ECC: Option C Schedule of Cost Components - Charges under NEC3
When SoCC 4.43 is used in an Option C contract, what is the definition of 'payments'? I am currently working with an amended form that adds additional items to 4.43 (from 4.44) which the contractor can...
View ArticleAnswered: Charges - Cll 44 Surveying and Setting Out Equipment
They all seem to fall under the heading of surveying & setting out Equipment so 'Yes'.
View ArticleAnswered: NEC ECC: Not agreeing CE change of activity duration as...
The compensation event should at this stage be assessed on its own merits. Whilst the programme duration's might be a starting point as to what is reasonable, the CE should be assessed as to what the...
View ArticleAnswered: NEC ECC: Contract Part 2 layman's terms
Have a look either at : - the Guidance Notes published with the contract; - Mitchell & Trebes "NEC Managing Reality" Book2; or - my "NEC3 ; A User's Guide"
View ArticleAnswered: NEC ECC: Extension of time request by the Contractor, which CE clause?
There is no extension of time clause or reason under 60,1 for it to being one. If you have updated a programme and planned Completion has moved you need to see why it has moved and what the reason for...
View ArticleAnswered: NEC ECC: Option C Schedule of Cost Components - People under NEC3
Item 13 defines the NEC components of cost which are included in the calculation of an appropriate daily or hourly rate for a particular person under the S0CC and are not necessarily project specific....
View ArticleAnswered: NEC ECC: Option C Schedule of Cost Components - Charges under NEC3
I think a sensible way to deal with this would be to treat it in a similar way to Equipment under 23 'Equipment purchased for work' with a reasonable calculation of the 'change in value' over the...
View ArticleNEC ECC: Contract Part 2 layman's terms
Can anyone provide a bit of a glossary to the following terms in NEC3 Contract Part2 please? Trying to complete a tender and this is the first time we have ever encountered NEC3 and struggling to get...
View ArticleAnswered: NEC ECC: Acceleration and Completion/Section Date
This is acceleration under clause 36 of the contract. The PM can instruct a quotation for acceleration to achieve an earlier Completion Date or Sectional Completion Date. If the PM accepts that quote...
View ArticleNEC ECC: Extension of time request by the Contractor, which CE clause?
A Contractor has requested an extension of time, which clauses will this be linked to 30, and 60?
View ArticleAnswered: NEC ECC: Payment of Defined Cost under Option C
It should be Defined Cost which is in accordance with rules specified in accordance in the contract. That includes clause 52.1 and the relevant percentages in the Contract Data part 2 which are applied...
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