Answered: NEC ECC: Breach of Contract and the assessment of CE's
From what you have described, it sounds like an event occured which prevented working for the last hour of each day, which was a CE. This occured on 12 occasions. I can see why the effect would be...
View ArticleAnswered: NEC TSC: Option A - Contractors Risk Allowance
Whenever a Contractor assesses a compensation event - they have to price for the realistic risk that they can see and price for the event as they see it. If you do not have your subcontractor tied into...
View ArticleAnswered: NEC ECC: Does Cl 65.2 have a limit?
No - once implemented that is it. If it costs a lot more, Contractor could try to claim that was due to other reasons that could be a compensation event but the PM would have to agree that it is indeed...
View ArticleAnswered: NEC ECC: Roles in termination
Section 9 contains the termination provisions. The procedure and the amount due depend on the reason for termination with reasons stated in clause 91, procedures to be followed in 92 and amount due 93....
View ArticleAnswered: NEC ECC: option B re-measure quantity as zero
It would not satisfy the bullet point in 60.4 of rate x FINAL quantity being greater than 0.5% of the Prices are the Contract Date, so the Contractor would not get anything. This is one of the many...
View ArticleAnswered: NEC ECC: Contradiction within Works Information
From your question it appears there is an ambiguity within the contract documents. Labelling the specific section(s) of the Specification as “Not Used” must mean exactly that. If the section(s) is...
View ArticleNEC3 Option B - Defined Cost for BoQ rates
There are two items for the disposal of soil in the BoQ. 1 - Acceptable material 2 - Unacceptable material. The BoQ mainly quantifies all the material as unacceptable however this was tendered at an...
View ArticleAnswered: NEC ECC: Does the Client PM need to issue a PMI if they accept a CE...
Depends on the reason for a compensation event, but certainly if this is for a change to the Works Information then yes they should - and more importantly why are you the Contractor doing anything...
View ArticleAnswered: NEC ECC: Disallowed Costs for stand down at Contractor's fault
Looking at the wording of the clause, it refers to 'resources not used to Provide the Works', so the first test is to demonstrate that these reources are not actually Providing the Works. There may...
View ArticleNEC ECC: SCC- Item 44
A hand tool by definition constitutes a tool held in the hand and operated without electricity or other power. It is powered by hand rather than a motor. Based on this definition does this render...
View ArticleNEC ECC: Period for reply - when can a CE be notified?
WE have a situation in an Option A contract where we have as Contractor submitted various routine documentation for acceptance, As-built drawings, for example. Now two years later, after Completion but...
View ArticleAnswered: NEC ECC: Period for reply - when can a CE be notified?
Interesting. I don’t think the PM is correct. The PM's failure to reply in the period for reply (or the period prescribed) is not due to a fault of the Contractor. I do however think he would be right...
View ArticleAnswered: NEC3 Option B - Defined Cost for BoQ rates
It is not clear from your question what event the CE was notified for, a pricing error by the Contractor is not a reason for a CE. If there is a rate in the BoQ for acceptable then this is the rate...
View ArticleNEC ECC: Disallowed Costs for stand down at Contractor's fault
NEC3 ECS Main Option C, with specific reference to 11.2(25) The Contractor has disallowed the Subcontractor's costs for standing time, referencing the above clause and referring to resources and Plant...
View ArticleNEC ECC: Does the Client PM need to issue a PMI if they accept a CE...
There are a lot of CEs on our project and each time we notify the PM ticks the box to accept the notification is a compensation event. However he never issues a PMI for the quotation or works. Can he...
View ArticleAnswered: NEC3 Option B - Defined Cost for BoQ rates
I must admit I do not particularly like the words in 61.4 that states a PM can reject if they consider it has no affect upon Defined Cost - as this can be misused. They should let the quotation...
View ArticleAnswered: NEC ECC: Period for reply - when can a CE be notified?
A slightly confusing question/situation. 1) If the comments back from the PM are correct all be it late then these would seem to be a defect (something not in accordance with the Works Information) and...
View ArticleAnswered: NEC ECC: SCC- Item 44
Under NEC2 this category was 'hand tools and hand held power tools' although was changed under NEC3 to 'hand tools not powered by compressed air'. Essentially this category relates to the portability...
View ArticleNEC3 Option B - Defined Cost for BoQ rates
There are two items for the disposal of soil in the BoQ. 1 - Acceptable material 2 - Unacceptable material. The BoQ mainly quantifies all the material as unacceptable however this was tendered at an...
View ArticleAnswered: NEC ECC: What clause in the Option A can be used in an Early Warning
I think in this instance although it is an event that WILL happen I would notify an early warning so you can highlight the issue and discuss in a meeting what they want to do about it. Alternatively...
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