Answered: NEC ECS: Which programme to work to?
You should be working the most efficient way possible which will be your latest programme. If you think about it, you issue a programme for acceptance and they have two weeks to respond. If after a...
View ArticleAnswered: NEC ECC: Option B (further question) what is remeasured?
As per Declan comment above - you get paid for what you do. With option B the Contractor is not taking the risk of errors in the (assumed) quantities. Extra point of note is clause 60.4 that say...
View ArticleAnswered: NEC ECC: Works Information and Price List.
Contractually, it is only for what is in the Works Information. However, be aware that, in the building sector, it has been usual for the metro of measurement to, in part, describe the works....
View ArticleNEC ECC: Option A, CEs, programmes and terminal float
I am trying to understand how the Contractor can change terminal float when CE's are raised and which accepted programme they should use when costing CE's. The duration's are for discussion only but in...
View ArticleAnswered: NEC ECS: Not happy with Subcontractors quotation for instructed...
Under clause 64.1 the Contractor assesses the quotation them-self when either the Subcontractor is late in submitting or you don't agree with the quotation. It may or may not be difficult to assess,...
View ArticleAnswered: NEC ECC: Definition/ Agreement of Completion
It's not clear from your question if the Contractor is late due to issues of his own making, or if it's the restrictions on the project that caused it? If those restrictions aren't his fault then they...
View ArticleAnswered: NEC ECC: Option A, CEs, programmes and terminal float
NEC Practice note 1 helps explain the intent of the contract. Whilst this practice note expressly states that it is for NEC4, the same principles exist for NEC3 except we do not have the switch point...
View ArticleAnswered: NEC ECC: Option B subcontract valuing a CE for work omitted by...
The compensation event quotation should reflect the change in Defined Cost + fee of the event. The Contractor and Subcontractor can agree to use bill rates to assess the change, in which case the 5...
View ArticleAnswered: NEC ECC: Liability for an uncorrected Defect
It would depend on the cause of a possible Latent Defect. If it is caused by workmanship or performance of materials then the Contractor could reasonably argue that it was the 'fault' of the Third...
View ArticleNEC ECC: Liability for an uncorrected Defect
I understand the principle behind clause 45 and that the PM "assesses" the cost of correcting a Defect but if the Employer decides to have a third party correct the Defect does this mean that the...
View ArticleAnswered: NEC ECC: Who carries the risk when the risk has previously deemed...
Depends what you mean by "risk register". There are general "risk registers" used and known within the industry, and there is the NEC3 Risk Register (which under NEC4 has now been a called the Early...
View ArticleAnswered: NEC ECC: Negative Compensation Events - Contractor remedies if...
It looks like the contract has gone into a 'painshare' situation, for whatever reason, and the Employer is unhappy with the Contractor's performance. In my experience the fact that a Contract is in a...
View ArticleAnswered: NEC ECC: Where 2 elements of the weather data required for a CE to...
Great question. Firstly I would say it is the cumulative effect of the weather in a month you would be assessing as a single CE. Secondly - I think you might be suggesting a too simplistic answer in...
View ArticleAnswered: NEC ECC: Remeasuring a fixed priced NEC 3 Contract
Look at option B clause 60.6. It sounds as if the Project Manager is making corrections to the BoQ "which ... are due to ambiguities or inconsistencies." Note that the conditions do not say between...
View ArticleAnswered: NEC ECC: Liability for an uncorrected Defect
This isn't really an NEC question as the answer would be the same in any contract. The Employer would need to prove that the latent defect was a Defect under your contract, i.e. that it was caused by...
View ArticleWho notifies a Compensation Event under Clause 60 4
I have a situation where the final measured quantity of an earthworks item is significantly greater than the BOQ quantity for the same item. According to Clause 60.4 there are 2 tests that need to be...
View ArticleAnswered: NEC ECS (2005) - Clause 25.2: does this clause under 'other things'...
You are correct in what you say, but there are other words in the contract, so ... if the Subcontractor did not correct the Defects, then clause 45.1 would kick in and you could charge them what it...
View ArticleAnswered: NEC ECC: Who notifies a Compensation Event under Clause 60.4?
You are correct, the PM does not have the right to notify this event. CE notifications are dealt with under clauses 61.1 (PM) and 61.3 (Contractor), the significant change in quantity event at clause...
View ArticleAnswered: NEC ECC: Employer says we can't claim for wind as a CE?
I am afraid without any additions to contract data the Employer is correct. The standard 1 in 10 weather measurements of which in excess will be a CE are only for rain, freezing temperatures and snow....
View ArticleAnswered: NEC3: Design liability on Contractor proposed equipment/built elements
The Contractor is correct.
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