Answered: NEC3 TSC Option C Can you confirm if quantities are stated in the...
Clause 53 on page 25 explains how the Contractor's share is calculated which you need to read in conjunction with clause 11.2(20) which is the definition of the term Prices. Clause 53.1 compares the...
View ArticleAnswered: NEC ECC: Option B. Contract Data , Direct Fee
Under a main Option B, the fee percentage would be applicable to Defined Cost in relation to compensation event quotations only. In practice a fee percentage would be included within the BoQ rates,...
View ArticleAnswered: NEC ECC: Can a CE change a sectional Completion Date?
The rules for a sectional Completion Date are exactly the same as the rules for a Completion Date. That means that an implemented compensation event could move a Sectional Completion Date later (to the...
View ArticleNEC ECC: Option E - Defined Cost (Delay)
I'm a Contractor working with my Subcontractor on an Option A ECS. The contract with my client is an ECC Option E. We have caused our subcontractor delay due to not providing documentation / RAM...
View ArticleNEC ECS: What is the definition of a Subsubcontractor under NEC3?
Variation works are being valued on a subsub contractor fee basis due to our operatives being self employed. Was wondering what defines a subsub contractor, Having supplied all PPE, equipment, tools...
View ArticleAnswered: NEC ECS: What is the definition of a Subsubcontractor under NEC3?
QS007's answer is mostly correct, labour only subcontractors are covered by item 14 of the people component in the SoCC or by the third bullet point of the people component in the SSoCC. However,...
View ArticleAnswered: NEC ECC: Option E - Defined Cost (Delay)
Yes the additional costs paid to the Subcontactor can be recovered as Defined Cost from the Employer provided the subcontract compensation event is valid (sounds like a clause 60.1(3) for the...
View ArticleAnswered: NEC ECS: Deduction of Delay Damages from Sub-contractor (Option A)...
Thank you for such a detailed question! t is actually something I have looked at in the past (under Option C which gives the same result) and is an area where the drafting could be better to get to the...
View ArticleAnswered: NEC ECC: Option B rates or Defined Cost for CE with a difference
Ozi, I may be missing the point here, the value of the CE and therefore the change in rate will be £0 thus the original rate will still apply.
View ArticleNEC ECC: Can a CE change a sectional Completion Date?
We know a compensation event has the ability of changing the completion date, but in turn, can this also change a sectional completion date? We are not sure if once in contract, a sectional Completion...
View ArticleAnswered: NEC ECC: Option B rates or Defined Cost for CE with a difference
It is worth noting that, in order for there to be a compensation event, all three bullet points in 60.4 need to apply. I would ask whether the difference in quantity has caused the defined cost per...
View ArticleNEC ECS: What is the definition of a Subsubcontractor under NEC3?
Variation works are being valued on a subsub contractor fee basis due to our operatives being self employed. Was wondering what defines a subsub contractor, Having supplied all PPE, equipment, tools...
View ArticleAnswered: NEC ECC: Defects arising through not complying with a constraint in...
I would slightly modify your comment above to be "I believe that any requirement contained within the Employer's Works Information COULD BE a constraint" but disagree with the statement that "the...
View ArticleNEC ECC: Contractor's Design is a Higher Spec than the Works Information
If the Contractors Works Information states a superior system to the Employers Works Information such as more sophisticated item of M & E. Upon the Project Manager asking the Employer what...
View ArticleAnswered: NEC ECC: What Contractors could reasonably allow for.
Agree with everything Andrew says below (or is that above) ... previously ! I would say read the clause with the crucial words in CAPITALS "experienced contractor or consultant would have judged at the...
View ArticleAnswered: NEC ECC: Option A - Can a Contractor reassess a previously provided...
I would imagine - and note my words, I am not being definitive - that it would be viewed in the same way as 'offer and acceptance' for a contract. The offer stays open until rescinded, which includes...
View ArticleAnswered: NEC ECC: Option B - Compensation Event Qty Error
Two obvious things spring to mind to answer this question : 1. How was the original CE worded ? If the original wording is not valid - i.e. it contained the quantities and these were wrong - then it...
View ArticleAnswered: NEC ECC: Can a PCG / Bond be incorporated into an existing contract?
No, it would have to be added by Supplementary Agreement between the Parties which presumably would include some payment for it.
View ArticleAnswered: NEC ECC: Commencing a PMI before a quote for a CE has been accepted
The Contractor is obliged to follow an instruction issued by the Project Manager given in accordance with the contract (clause 27.3). Assessments of the CE are based upon the Contractor acting...
View ArticleAnswered: NEC ECC: Discrepancy between Bill of Quantities and Works...
Broadly speaking yes it would be a CE. Clause 60.7 states that a compensation event resulting from a correction of an inconsistency between the BofQ and another document (i.e. Works Information) - the...
View Article