NEC ECC: Design and Build Project
On an option A design and build project what role does the clients supervisor have in inspections if the WI specification states 'the records of testing/inspections are to be submitted to the engineer'...
View ArticleAnswered: NEC ECC: Design and Build Project
Unless core clause 4 of the contract has been amended, it is the named Supervisor who is involved with tests and inspections. Any requirements in the WI to submit information to a particular person(s)...
View ArticleAnswered: NEC ECC: Can Contractor be paid for an item they have not been...
No - errors in activity schedule are Contractor risk in option A. The item is in the Works Information so there is no way this can be a compensation event (but they have to do the fencing as per clause...
View ArticleAnswered: NEC ECC: What happens to an Accepted Programme if the Project...
Nothing can be done about the Accepted Programme but the Project Manager can instruct the issue of a new programme (which the Contractor will have to submit within the period of reply). The Project...
View ArticleAnswered: NEC ECC: Can the Contractor change the method that the pricing was...
Yes, if the activity schedule no longer reflects the programme then under 54.1 the Contractor can submit a revised activity schedule for acceptance. As long as the costs on that revised activity...
View ArticleAnswered: NEC ECC: When can an activity schedule be changed?
When the activity schedule no longer reflects how they plan to carry out the works - they can change it and resubmit for acceptance in accordance with clause 54.1. Only reason for not accepting it will...
View ArticleAnswered: NEC ECC: Can Project Manager ONLY notify compensation events which...
This is an interesting question where I ad to check the contract - in this case NEC3, but I don't believe the situation is different under NEC4. Neither off the top of my head or looking through the...
View ArticleNEC ECC: Who pays cost of preparing a Contractor's proposal?
If a PMI is raised requesting a Contractor's Proposal, is the Employer liable to pay the costs for the contractor to produce the proposal. (Contract is NEC3 ECC with standard SCAPE amendments) The...
View ArticleAnswered: NEC3 Contract-Can you notify a change to works information...
Couple of points here: (1) If the Contractor gets on and constructs in accordance with the PM's response to an RFI (which really should be an early warning notification or part of the programme...
View ArticleAnswered: NEC ECC: Who pays cost of preparing a Contractor's proposal?
Under clause 61.2 the PM may instruct the Contractor to submit a quotation for a compensation event for a proposed instruction. Depending on which main Option the delivery agreement is based on will...
View ArticleNEC ECC: Can Contractor be paid for an item they have not been included on...
Under an ECC Option A, the Contractor submitted the first programme for acceptance in accordance with the contract timescales but now realises a 30m length of security fencing has not been priced,...
View ArticleAnswered: NEC ECC: Who pays cost of preparing a Contractor's proposal?
Just to add to Neil's (very good) answer if you look at the guidance notes it says the Project Manager MAY decide to pay for either a large quotation or lots of smaller ones. The very fact they wrote...
View ArticleNEC ECC: Who pays cost of preparing a Contractor's proposal?
If a PMI is raised requesting a Contractor's Proposal, is the Employer liable to pay the costs for the contractor to produce the proposal. (Contract is NEC3 ECC with standard SCAPE amendments) The...
View ArticleNEC3 Contract-Can you notify a change to works information compensation...
The NECPM is replying to RFI's and providing construction details not shown on the contract drawings(which are works information). The Contractor considers this is a change to the works information....
View ArticleAnswered: NEC ECC: Can it be a compensation event if it is outside the...
Rob has thoroughly answered most of the question. I will answer whether "Upon excavating for the offices the Contractor encountered asbestos in the ground that no-one could have expected to have been...
View ArticleAnswered: NEC TSC: Option A Subcontractors Quotes open book?
It doesn't; sound like either the Service Manager or the Contractor are acting in accordance with the contract here. If the Service Manager wants you to do work / service that is not described in the...
View ArticleAnswered: NEC ECC: Option C compensation event assessment design stages
I agree with Neil. However, if that means that you are having to re-design the detail AND that causes delay then you are entitled to those costs as part of the compensation event assessment.
View ArticleAnswered: NEC ECC: After a project has been on hold, can the Contractor send...
I am assuming that the period of 'on hold' is subsequent to original contract commencement, with an instruction to stop works, or not start any works, given by the PM, which is a compensation event. I...
View ArticleAnswered: NEC TSC: Option A - Contractors Risk Allowance
In NEC3 TSC the risk allocation is through compensation events - there are 15 standard compensation events 60.1(1) to (15). In a standard TSC the list of compensation events DOES not include weather or...
View ArticleNEC ECC: Can someone advise on the Co-Ordination of Separate NEC Contracts on...
Hi, I was hoping you might be able to assist me with a query and where to refer to within the NEC Contract. As an Employer Project Manager, who has to co-ordinate separate NEC contracts with two...
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