NEC 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 ArticleAnswered: NEC ECS: Company Insolvency / Liquidation
The contractor will always be at risk for his own supply chain whether that arises from contract work or a compensation event (see clause 26.1). The NEC does not recognise the use of a "nominated...
View ArticleAnswered: NEC ECC: Under NEC3 Option A, what must be covered by the...
I don't think that is right. The subcontracted fee percentage is intended to capture the subcontractors fee element and your fee element, it should simply be added to the subcontractor quote. If the...
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 ArticleNEC3-Option C-NECPM states Subcontractor quotation is too high in Contractor...
We (main contractor) have compensation event which is a back-to-back compensation event with our Subcontractor. We have obtained a quotation(lump sum) from our Subcontractor and we have included this...
View ArticleAnswered: NEC ECS: Can the Contractor ask for a quotation (night works) that...
In contrast to Dave and Rob below, if the Contractor is instructing you to keep Completion as it is, then I do NOT believe it is 'acceleration by the back door', BUT - the moment the conversation /...
View ArticleAnswered: NEC ECC: Declination of quotation request
Depends which quotation you are talking about. If it is a pure acceleration quotation under clause 36 then the quotation can be instructed and in theory you have to provide a quotation. However, in...
View ArticleAnswered: NEC4 ECC: Title to Materials
This is an express change in NEC4 compared to NEC3. If you look at 73.2 it now states that "Contractor has title to materials from the excavation and demolition unless the Scope (new word for NEC3...
View ArticleAnswered: NEC ECS: Notice for redeployment.
There isn't really a specific clause, but then you are obliged to work as effectively as possible with instructions/compensation events. If this is agreed as a compensation event, you just need to...
View ArticleAnswered: NEC3 Option A - Can the Contractor instruct night works?
Unless it is illegal or impossible very difficult to refuse an instruction. You just have to price accordingly, including demonstrating/pricing the additional risk/disruption/cost that you will incur....
View ArticleAnswered: NEC ECC: Labour Agencies - 'People' or 'Subcontractor'
Labour only supplier falls outside of the definition of a "Subcontractor" within clause 11.2. NEC4 makes it very clear that is the case with a rewording of the definition, but NEC3 definition already...
View ArticleNEC4 ECC: Title to Materials
In the NEC4 ECC the Scope states that an existing structure is to be demolished. Does the Contractor or the Employer have title to the material? Some materials, say lead or copper may contain residual...
View ArticleAnswered: NEC ECC: How often do you have to submit a programme?
Normally, at the interval stated in Contract Data part 1 which is typically 4 weekly or monthly. But, the PM can instruct a submission and the Contractor can choose to submit a revised one - see clause...
View ArticleAnswered: NEC ECC: Weather clause taken out but other CE occurs
No it doesn't warrant another CE - this winter working risk should have been included within the original CE. There is no mechanism to notify a new compensation event. Your only chance here would be to...
View ArticleAnswered: NEC3 Option A - Can the Contractor instruct night works?
To add to Glenn's answer, in your quotation, as well as a allowances for risk under clause 63.6, the assessment is also based on the assumptions in clause 63.7 amongst which is that the Accepted...
View ArticleAnswered: NEC ECC: Notification that Project Manager has not replied to a...
There is no time scale on how long before you "may" remind them. The word "may" is such that they can remind, but will not then be penalised themselves if they don't remind them (of something the other...
View ArticleAnswered: NEC ECSC: Deletion of item from Price List
Provided there is a quantity stated for the item then you will be paid for the quantity of work you do in relation to it based on the rate you tendered. Curious that they deleted the compensation...
View ArticleAnswered: NEC ECC: Insurances Post Completion
Correcting Defects is part of Providing the Works, as defined under clause 11. Insurances are to be in place up to when the Defects Certificate has been issued. If any loss or damage occurs, possibly...
View ArticleAnswered: NEC ECC: Option C Contract - Pain/Gain Range and Percentage Blank
Jon has answered the question - but my question would be how an earth did either Party allow this to happen and sign a contract with this information missing???? Pretty fundamental that people check...
View ArticleNEC ECC: Works Information and Price List.
If the Works Information consists of what is shown on the Drawings and included in the Specification only and a Pricing List is also provided (some works shown as an item and other works given as...
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