Answered: NEC ECC: Option A Option X7 selected but Rate not stated in the...
Yes, but it would be at a 'reasonable' rate whatever that is, whereas if it had been stated in the Contract Data, provided there was some rationale to it being a genuine pre-estimate of likely loss,...
View ArticleNEC4 ECSC: Who exactly is the Client under the ECSC and how can...
I represent a national organisation with multiple departments (Operations; Engineering; Asset Management; Environment; Estates; etc; etc) who all have a tendency to give our contractors "guidance" on...
View ArticleNEC ECC: Option A Option X7 selected but Rate not stated in the Contract Data
NEC3 Option A contract where X7 has been selected. "The Contractor pays delay damages at the rate stated in the Contract Data" The contract data does not include a rate. Can we still enforce X7 Delay...
View ArticleAnswered: NEC4 ECSC: Who exactly is the Client under the ECSC and how can...
Named individuals should be named rather than a "company name" or an "organisation name" for this exact reason. This than makes it clear who is empowered to give an instruction. Under the full versions...
View ArticleAnswered: NEC ECC: Design and build project
I am assuming from what you have said that clauses 60.1 (12) and 60.2 (and possibly 60.3) have been deleted from the conditions of contract. This being the case then any matter which would normally be...
View ArticleAnswered: NEC ECC: Option B - Compensation Event: Change of Rates
I would suggest that the benching detail is part of the Contractor’s design solution (to restrict the settlement) and therefore is not a CE in accordance with 60.1(1) which directs"The following are...
View ArticleAnswered: NEC ECS: Access Date windows, Key Dates and additional prelims
I have assumed that there are no Z clause directing how to interpret the “window”. In respect of the anomaly between the (Subcontract) WI and the Subcontract Data there is no set precedent. Arguably,...
View ArticleNEC ECC: Design and build project
A Contractor design and build contract... a culvert has been discovered below ground. Contractor claiming this is a service and there for should be a CE. Bearing in mind physical conditions &...
View ArticleAnswered: NEC ECS: Access Date windows, Key Dates and additional prelims
1. In terms of question 1 I don’t think they are entitled to additional prelims as there has been no change as to what you told them would happen. You have given them access between the dates as you...
View ArticleAnswered: NEC ECC: PM assessment unlinks activities on critical path which...
No I don't think the PM is able to do this contractually. The NEC has recently published ECC Practice note 1 which you can download from www.gmhplanning.co.uk. This make sit clearer now that when...
View ArticleAnswered: NEC ECC: Failure to Manage design - CE clause
To be honest it sounds as though you are very late in the day deciding if all this globally is grounds for an NCE at this stage - it sounds like there should have been NUMEROUS compensation events to...
View ArticleAnswered: NEC ECC: PMI issued in relation to change to Works Information but...
Yes you are obliged to follow the instruction, but if you believe this event to be a compensation event then you can notify that fact explaining why you strongly believe it is one (knowing you know...
View ArticleAnswered: NEC ECC: Can the PM refuse to place an indices into CD1 after the...
The PM does not have the right to do anything about this - you're talking about an amendment to the contract between yourselves and the Employer which has to comply with clause 12.3 i.e. be agreed,...
View ArticleAnswered: NEC ECC: Delay Damages - Subcontractors - Is it a Defined Cost?
You are correct, the supply chain partner under a PSC is a Subcontractor as far as the ECC is concerned which means that under clause 11.2(23) you are paid "the amount of payments due to Subcontractors...
View ArticleAnswered: NEC3 ECSC and ECSS: Does a communication have to be separate under...
To my knowledge, this has never been tested, but as there is not the specific provision that any type of communication has to be communicated separately, it would be highly unlikely that a court would...
View ArticleAnswered: NEC ECS: Including the Contractor's WI into a Subcontract
I assume that the Contractor has cut & pasted the relevant bits of the Works Information that he wants the Subcontractor to do, rather than cut & pasted the whole of the main contract Works...
View ArticleAnswered: NEC ECSC: How quick does Employer have to assess a CE?
You are correct, there is no defined timescale in the ECSC for the Employer to assess the compensation event and there is no restriction as you suggest. From a payment point of view the compensation...
View ArticleAnswered: NEC ECC: Clarification of question on termination and liability for...
This is correct. Although your original question didn't state it I assumed that the works are complete and that you have a completion certificate from the PM that triggered the start of the 52 week...
View ArticleNEC ECC: Option B rates or Defined Cost for CE with a difference
We are currently on a Framework Agreement using an amended ECCC Op B and a schedule of cost components for People, Equipment etc to value change. At Tender stage it was agreed that for CE's we would...
View ArticleAnswered: NEC ECC: Could prelims be included in the calculation of the amount...
I have not seen them included in a delay damages calculation but in theory you could. One problem would be making a calculation in the absence of any tendered information although there is plenty of...
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