Answered: NEC ECC: Failure to reply within a period of reply
The only deemed acceptances in NEC3 are to do with the compensation event process where the PM fails to respond to a notified CE, a quote or fails to make their own assessment (and even then only after...
View ArticleNEC ECC: Clarification of question on termination and liability for defects?
Could you please clarify your answer below- does it mean that work done before the termination date will still carry Defect Liability post the termination date for the remaining 6 months of the Defects...
View ArticleAnswered: NEC ECC: Deemed acceptance under NEC3
Assuming there are no Z clause amendments then the completely wrong process has been followed here. Acceleration is a stand alone process, that does not go through the CE...
View ArticleAnswered: NEC ECC: CE Quotations - Prospective or Retrospective
Firstly I ask if this event was notified at the time that it was a compensation event, otherwise the Contractor would be time-barred (unless it is one the Project Manager should have notified)....
View ArticleAnswered: NEC ECC: Failure to reply within the Period for Reply by a Contractor
Hopefully the CE was 'notified' by the Contractor and the matter 'time barred' by the Project Manager (not the Employer). Consequently, the matter has been formally closed under the CE procedure . The...
View ArticleNEC ECC: Is a change in people and associated handover period a Defined Cost...
When a resource leaves the project and a new individual is employed is the associated handover period a recoverable cost under an ECC Option E contract? Essentially should the Employer be expected to...
View ArticleAnswered: NEC ECS: Deemed acceptance under NEC3 (Clarification)
Again - further areas of not following the contract, but this certainly does not now appear to be a question about acceleration. The Subcontractor should have stated that the lack of access was a...
View ArticleAnswered: NEC ECC: Employer cost of correcting defect after Completion -...
The only rights the Employer has in respect of the cost of correcting a Defect is that in the event that the Contractor fails to correct it within the defect correction period, any costs incurred in...
View ArticleNEC ECC: Option A - Scrap Value (negative CE)
Contract: Option A (amended) Scenario: The Project Manager has instructed the Contractor to remove and scrap a piece of equipment which contains a lot of copper and therefore has a high scrap value....
View ArticleAnswered: NEC ECC: Assessing Compensation Event: additions and omissions
The contract, and more specifically clause 63.1, is quite clear : The change in the Prices due tot he effect of the co pension event = change in Defined Cost + Fee. Defined Cost + Fee (under NEC3,...
View ArticleAnswered: NEC ECC: Is a change in people and associated handover period a...
The only reason I would point to potentially is the last but one bullet point of Disallowed Cost which includes for resources not used to Provide the Works after reasonable utilisation and wastage. I...
View ArticleAnswered: NEC ECC: Payments on termination
It's unclear from your question what the status of the letter of termination is? Are you saying that the letter is the termination notice required by clause 90.1 and that when it was issued it was...
View ArticleAnswered: NEC ECC: Assessing the amount due
Yes under NEC3 the Project Manager is obliged to make their own assessment of the amount due even if the Contractor has not submitted an assessment. Probably quite hard to do as how much the Contractor...
View ArticleAnswered: NEC ECC: Deletion of clauses in Option B
No, it does not. Essentially it means that whatever quantities of work are found are paid on a quantity x rate basis, REGARDLESS of : - physical conditions found (as 60.1(12) deleted); - of weather...
View ArticleAnswered: NEC ECC: Option A - Scrap Value (negative CE)
Very interesting point/question. It is difficult for even NEC contracts to cover off every eventuality. Bearing in mind that any CE is meant to put the Contractor back to a point that they are no worse...
View ArticleNEC ECS: Subcontractor using Activity Schedule to determine CE costs
The subcontract is setup on NEC Option B, and the activity schedule is a BoQ which makes up the contract sum. The rates include the subcontractor ohp's. Can the subcontractor use the same rates when...
View ArticleNEC ECC: Option C - Defect correction costs
It is pretty clear that under an Option C defect correction is a defined cost but not a CE. However, as a result of the Defect an inherent problem has been found in a structure. Should the repair for...
View ArticleNEC ECS: Applying Fee to change in materials specification
Dear team, Under ECC Option A (and prior to any procurement or installation being undertaken), does a change in material specification in materials provided by a subcontractor attract subcontracted...
View ArticleNEC ECC: Ambiguity a CE?
Preambles shows fencing to be painted and the 400series drawings state the same. But the contractor is disputing painting is not stated in the in the BoQ so are claiming a CE to paint. What takes...
View ArticleAnswered: NEC ECS: Confirmaton of verbal instructions from Subcontractor to...
There are no such things as CVI's under the contract and these pieces of paper are pretty meaningless. The only way that the Subcontractor can claim extra cost is if they can notify an event as a...
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