NEC3 ECC: Can an adjudicator decide to use rates to assess a CE if one party...
The Project Manager agreed to a compensation event and the Contractor submitted his quotation using Defined Cost as per the schedule of cost components. The Project Manager decided to make his own...
View ArticleAnswered: NEC3 ECC: Option B applying subcontract fee percentage
the amount assessed using the SSCC should not include any subcontract overhead and profit since the amounts should be based on the resources being the Contractor's. The subcontracted fee percentage...
View ArticleNEC3 ECC: Option C. Does acceptance of concept design make the Employer liable?
It is the understanding that acceptance at concept design stage (RIBA 3) that the Employer only becomes liable for changes in design once they have accepted RIBA 4. All changes in design are at the...
View ArticleNEC 3 ECC Option A - Accepted Design
Looking for some guidance on the accepted design and defect clauses of the ECC, I’m administering the contract under a design and build on an Option A. The PM has accepted the Contractors design and...
View ArticleNEC3 ECC: Equipment subcontract under NEC3
In my scenario the Contractor has a plant hire agreement for the provision of plant (equipment) clearly different fees accrue for direct cost and subcontracted cost, so we are trying to determine the...
View ArticleNEC3 Use of rates for Defined Cost
The Project Manager agreed to a compensation event and the Contractor submitted his quotation using Defined Cost as per the schedule of cost components. The Project Manager decided to make his own...
View ArticleAnswered: NEC3 ECC - Remeasurement during Contractor delay
If the amount in the BoQ is, as you say, stated to be a daily rate and nothing more then yes I think you are right you are paid for each day it was necessary to have the TM on. However, you need to be...
View ArticleNEC3 Incentive mechanisms in a ECC Option C contract within an Alliance
Following an employers instruction to achieve a 2 year saving on the programme - I am investigating commercial means to incentivise the contractor through the contract.
View ArticleNEC3 ECC: Time barring inconsistency and ambiguities
The Project Manager is claiming that the Contractor must be aware of all the inconsistency and ambiguities between or within contract documents at the day of signing the contract otherwise "time bar"...
View ArticleNEC3 ECC: Named Subcontractors
Under contract data part 1 the Employer used clause z to change the subcontracting procedure by actually taking over from the Contractor, the Contractor only had to submit names of the subcontractors...
View ArticleNEC3 ECC: Costs for quotations under NEC PSC Option C
Under the NEC3 PSC option C are you able to claim the costs for the time taken to formulate Compensation Event Quotations? We have agreed rates in the contract data part 2 but I can not see any where...
View ArticleNEC3 ECC: Plant Operator Costs under the SOCC
I have a query relating to how the cost of plant operators should be dealt with under the SOCC, and in particular whether the working area overhead charge applies. Scenario: The contract is NEC3 ECC -...
View ArticleAnswered: NEC 3 ECC Option A - Accepted Design
The first thing you must do is establish what the Works Information actually is. A defect is, in general, any part of the works which does not comply with the Works Information. As a simple example,...
View ArticleAnswered: NEC3 ECC: Do you include a programme when submit a compensation...
The Main Option is not in fact relevant. Clause 62.2 provides that if the programme for remaining work is altered then the alterations are to be included on the Accepted Programme. It also provides...
View ArticleAnswered: NEC3 ECC: Relationship between compensation events and Works...
Not all compensation events relate to the Works Information. Your example could fall under 60.1(5) if the need for the information was included on the Accepted Programme.
View ArticleAnswered: NEC3 ECC: Is a programme accepted by default?
This is a really easy one to answer! No, there is no mechanism for default or deemed acceptance of the programme it needs to be a positive acceptance.
View ArticleAnswered: NEC3 ECC: How long do you have to react to a PMI
I am afraid that there cannot be a single answer to this as it will always depend on the nature of the PMI. An instruction to make scaffolding safe where it is erected on a busy highway probably needs...
View ArticleNEC3 ECC: Defect that causes no impact
Equipment fabricated off site by supplier which was later found to be out of tolerance by 10mm to the W.I. The surface of the defect is less than 1% of the overall area of the equipment and the impact...
View ArticleNEC3 ECC: Who's liability is period between "Completion" and "Take-Over"
I notice in the contract that the Employer has to “take over” the works within two weeks of Completion. What are the implications of this to the Contractor? If the Completion Date is the 2nd May and...
View ArticleNEC3 ECC - Option D : Post-Audit of Defined Cost
Under the NEC3 Option D, the Contractor is not required to obtain PM's approval with regard to all procurement for supply of materials and lease of equipment (heavy and minor). Our accounting section...
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