Answered: NEC ECC - Option B Works information vs BOQ
You are right that there are ambiguities in the WI if there is a conflict of the spacing centers (note, the BoQ is not WI). Having identified the inconsistency this should be notified to the PM for...
View ArticleAnswered: NEC ECSC: Change of WI after identifying a defect
I assume that you are responsible for the design of the fan impellers and that by defect you mean a Defect as defined by the subcontract. It is not clear from your question if the proposed correction...
View ArticleNEC ECC - Option B Works information vs BOQ
WI has noted a roofing element to be at certain spacing centres. The drawing has commented the same dimensions. The actual drawing dimensions are drastically different to the notes. The BOQ has...
View ArticleAnswered: NEC ECC Option A - Cancelling a PMI
Just to add's to Rob's answer for the last bit "recovery of the costs of CEQ will depend on the form of contract". Under NEC3, for options A & B cost of preparing quotations is expressly excluded,...
View ArticleAnswered: NEC ECC: Payment under Option C where defined cost is greater than...
I would agree it would be logical that it should be taken into account but that is NOT what the contract says, and I think you mean payments take into account the "pain" share rather than just stop....
View ArticleAnswered: NEC ECC: Notifying compensation events
I would agree that it would be when the Contractor should have become aware. The only issue to consider is who is the Contractor, that is the person within the organisation who needs to be aware of the...
View ArticleAnswered: NEC4 ECC: Difference between additional Employer's Risk and...
It wouldn't make a difference as to whether it was a CE or not, only that it would be a CE under a different clause, with 60.1 (21) for an additional CE in Contract Data Part 1 and 60.1 (14) for a...
View ArticleAnswered: NEC4 ECC: Difference between additional Employer's Risk and...
I quote from Richard Patterson's article (with his permission) in the NEC User's Group Newsletter of October 2007 (issue No. 40) :"If an ‘Employer’s risk’ (clause 80.1) occurs, the event is a...
View ArticleAnswered: NEC ECC: How does Client claim damages at large if no X7 included?
If there is no corresponding mechanism within the conditions of contract (Secondary Option X7) then the Employer / Client would have to look outside the contract to claim unliquidated, or general,...
View ArticleAnswered: NEC ECC: How would the PM make an assessment for a compensation...
First off, under option C you would expect an activity schedule rather than a B of Q. Either way, under option A and C the Contractor takes the risk of errors in activity schedule, where as Employer...
View ArticleAnswered: NEC ECS: Compensation Events - Can one cancel out the other ?
Contractually you should assess the first CE and its impact on planned Completion and any Defined Cost, and then instruct the second CE to omit the works and see its revised subsequent impact on both...
View ArticleAnswered: NEC ECC: Employer Notified Termination Under Reason 90.3 R3
No. It's an early warning followed by an early warning meeting. If that doesn't result in a positive way forward, I suggest you try to reach agreement on the best contractual solution with going...
View ArticleAnswered: NEC ECS: 61.2 Proposed Instruction / Change Decison
You instructed a quotation for a proposed instruction. Having received it, you are not responding to it within the contractual timescales of clause 62.3. Consequently - and this would presumably be...
View ArticleNEC ECC: Contract Issue vs Construction Issue Works Information
NEC Option B query: At tender stage, the Works Information stated that Tender Works Information should not be used to construct the works. Therefore, the Contractor would assume that Works Information...
View ArticleNEC ECC: Compensation for owned plant not used due to delay in access date
On an option A contract, the Employer does not allow access to site as planned on the accepted programme, through the CE procedure a quotation is provided, however the costs for the specialist...
View ArticleAnswered: NEC ECC: Contract Issue vs Construction Issue Works Information
My answers to your questions would be: 1) Yes the Contractor is assumed to have priced/programmed for the Works Information given at tender stage (what ever choice do they have). The idea being "base...
View ArticleNEC ECS: Compensation Events - Can one cancel out the other ?
Our Subcontractor has raised CE1 for 2 weeks delay regarding a specific activity lets say called 'Activity A'. Activity A is on the critical path. This CE has been notified and we the Contractor are...
View ArticleNEC ECC: Employer Notified Termination Under Reason 90.3 R3
We have a scenario whereby works had to be scheduled to suit other developments ongoing in the area and as such the Works Information included a statement that the Contractor must allow for a...
View ArticleAnswered: NEC ECC: Compensation for owned plant not used due to delay in...
I can see the injustice from your - the Contractor's perspective - of this. However, from a strictly contractual perspective, you are paid in accordance with Equipment 27 of the Shorter Schedule of...
View ArticleAnswered: NEC3-Option C-NECPM states Subcontractor quotation is too high in...
I can only assume that the PM has decided that the Subcontract part of the Defined Cost assessment is not considered to represent 'open market or competitively tendered' prices. This could be very...
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