Answered: NEC ECC: Ambiguity a CE?
You need to refer to the Method of Measurement that the BoQ was prepared on. This should be stated in Contract Data Part 1. The Method will set out how the work needs to be described in the BoQ and...
View ArticleAnswered: NEC ECS: Applying Fee to change in materials specification
Yes, the subcontract fee should be applied to the change in Defined Cost to assess the CE if you are using NEC3. Under NEC4 there is only one fee, which should be used.
View ArticleAnswered: NEC ECS: Subcontractor using Activity Schedule to determine CE costs
if it is an Option B then there is no Activity Schedule, there is a BoQ. The BoQ rates can be used to assess a CE by agreement. If there is no such agreement the default is Defined Cost + fee which...
View ArticleNEC ECSC: How quick does Employer have to assess a CE?
There is no defined timescale for the project manager to assess a CE in the short contract, but is this restricted by the payment term and their duty to assess the payment valuation?
View ArticleAnswered: NEC ECC: Option X2 - Can there be compensation for time?
Compensation events always consider time & cost together ... so the answer is "yes". The reason for the reference to reduction in Prices is because compensation events can only reduce the Prices if...
View ArticleAnswered: NEC ECS: Under ECS Option A how do you evaluate a descope?
Not ask, but instruct ! (under clause 60.1(1)) You should notify a compensation event at the same time. The Subcontractor should then give a quotation in accordance with the clause in sub-section 63. A...
View ArticleNEC ECS: Deduction of Delay Damages from Sub-contractor (Option A) and...
I am looking to seek some advice (as the Contractor) on a situation where the Employer is benefiting twice from the application of Delay Damages, under an Option E Contract. To give some background to...
View ArticleAnswered: NEC ECC: Impossible to move forward a Completion Date because of...
No you are 100% correct. The only way contractually that Completion Date can come forward is through acceleration(36) or accepting a defect (44).
View ArticleAnswered: NEC ECC: Option C - removal of items 12/13 of SCC
The removal of items 12 and 13 in the SCC doesn't actually simplify the assessment, as item 11 states, ' ... wages, salaries and amounts paid by the Contractor ..... '. Items 12 and 13 provided...
View ArticleAnswered: NEC ECC: Option C: Disallowed Cost regarding Subcontractor's works
Assuming this is NEC3, which is referenced below. It doesn't look as though the Disallowed Cost clause 11.2 (25) bullet point 2 is applicable as payment has been made in accordance with the...
View ArticleAnswered: NEC ECC: Remedies for Programme not meeting Key Dates and...
As this was the first programme submitted for acceptance, may I suggest notifying an early warning and discussing the matter at a corresponding early warning meeting. Â Examine the submitted programme...
View ArticleAnswered: NEC3: Is there precedence of contract documents?
In relation to an NEC hierarchy of documents, Jon Broome wrote an excellent article on this very subject which can be found either following the below...
View ArticleAnswered: NEC ECC: Option A discovery of asbestos
First of all, I believe you should check whether the issue fails within the coverage of compensation event as specified in Clause 60. You may also with to refer to your Contract Data Part 1 and Clause...
View ArticleAnswered: NEC4 ECSC: Sectional Completion in NEC4 ECSC
As a simpler alternative to Glenn's suggestion below - but without contractual 'bite' / recourse of delay damages - you can just specify the area that you want completed earlier as a constraint in the...
View ArticleAnswered: NEC ECC: Communications following delegation of Project Manager's...
Glenn's response is absolutely correct under NEC4 as the delegation of duties by the Project Manager does not prevent the Project Manager from also doing them. Under NEC3, this was not necessarily the...
View ArticleAnswered: NEC ECC: Option A: Subcontractor - Standing...
Hi I have assumed that there is acceptance that the matter causing this situation is a compensation event. In respect of assessing the compensation event, the overarching intention should be to agree a...
View ArticleAnswered: NEC ECC: PM requests quotation but then decides the CE is not valid
The Project Manager has completed the contractual action of instructing the submission of a quotation, so the consequential contractual action is for the Contractor to submit a quotation. The...
View ArticleNEC4 ECSC: Sectional Completion in NEC4 ECSC
Can sectional Completion be incorporated into an Engineering and Construction Short Contract? If so, how?
View ArticleAnswered: NEC ECC: PM requests quotation but then decides the CE is not valid
It is an interesting question. Looking at Clause 61.4, the Project Manager may decide if a notified event is not a compensation event stated in Clause 60. It it is not stated in Clause 60, the Project...
View ArticleAnswered: NEC ECC: Does Temporary Works apply under clause 20?
Design of temporary works is covered by clause 23 as it is 'Equipment', so you only have to submit it for acceptance if the Project Manager instructs.
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