Answered: NEC ECC: Option E, lack of early warning and disallowed costs?
There are only two areas where the cost of lack of an early warning comes into play. Under Disallowed Cost definition, if a cost materialises only because an early warning was not notified then any...
View ArticleAnswered: ROI public works contract ROI (Similar to NEC) can an employer...
Hard to answer within an NEC forum where the same rules will not apply. The answer is what ever that contract says is the answer! From an NEC perspective there is the power to issue an instruction to...
View ArticleAnswered: NEC ECC: Dates in Contract Data vs Programme
First thing to say is programme does not supersede contract data. I think the programme included is frankly a bit of a red herring. What should have happened is that when the contract was signed - the...
View ArticleAnswered: NEC ECS :X7 Delay Damages against X18 Limitation on Liability
With damages set at £0 per day for late Completion, the main Contractor has no right to deduct damages if you are late overall. Likewise, if X5 foe sectional Completion was specified. The other...
View ArticleAnswered: NEC PSC: Who pays for preparing a quotation?
Under option E, you are paying Defined Costs, so if the Consultant is incurring additional Defined Costs in providing a forecast - for that is all it is under option E - you pay those Defined Costs....
View ArticleNEC ECC: Can someone describe the process the Employer will do in termination...
If an Employer terminates early in the contract because he no longer has the funding secured, can someone describe the "process" the Employer will do in P1 and P2 and/or what part the Project Manager...
View ArticleAnswered: NEC ECC: Can someone advise on the Co-Ordination of Separate NEC...
You have already identified the main element which is to set Key Dates within Contractor 1 contract to allow Contractor 2 through equivalent access dates to then programme their elements of work...
View ArticleAnswered: NEC ECS :X7 Delay Damages against X18 Limitation on Liability
Just to add one simple line to Jon’s very good answer just to make it absolutely clear to other readers of this question. X18 is not an alternative to X7. If you don’t have X7, it does not mean that...
View ArticleAnswered: NEC ECC: Is there an average / typical direct fee % for Option A
There is no standard percentage - it depends on your business, the type of work you do but the TYPICAL range would be anywhere between 6-14% but there may be reasons or type of work that may attract a...
View ArticleNEC3 ECS: Option A Sub Contract Data Part 2 value differs from Activity Schedule
I have an NEC3 Option A Sub Contract, The Sub Contract Data part 2 states "The tendered total of the Prices is £762,825.43" (wrong total) against the Activity Schedule which shows the correct quoted...
View ArticleAnswered: NEC ECS: Defined cost and Compensation events
If the reason for the TM issues are not the Subcontractors fault and is a reason for being a compensation event then yes the extra day will be assessed in terms of the Defined Cost incurred and the...
View ArticleAnswered: NEC3 ECS: Option A Sub Contract Data Part 2 value differs from...
Sorry Anthony, all the references in the contract refer to the Prices and sums in the Activity Schedule. The only reference in the contract to the tendered total of the Prices is the one you cite....
View ArticleAnswered: NEC ECC: Option A labour rates
I would turn this question around : what right do they have to challenge the rates you have put forward for direct labour ? If you have built up the rates in accordance with the Shorter Schedule of...
View ArticleAnswered: NEC ECC: People rates for Sub-contracted work
Yes. (The computer says I have at least 12 characters to answer this, which I do now)
View ArticleAnswered: NEC ECC: Changes in staff levels under option C
The answer is 'No', you don't have to get their approval for either. For the first, there is no such provision in the contract and for the second, it is not one of the listed reasons for disallowing...
View ArticleAnswered: NEC ECC: Direct Fee or Subcontract Fee Option A/B
This question has previously been answered by Barry Trebes and can be found via the following link;https://reachback.builtintelligence.com/11616/nec3-ecc-how-to-apply-subcontract-fee-percentages
View ArticleAnswered: NEC ECC: Do notifications need to be a separate communication?
In simple terms "Yes" to be compliant with clause 13.7 where any notification the contract requires has to be separate from any other form of communication. In practical terms why wouldn't you notify...
View ArticleAnswered: NEC ECS: Clause 90.3 intention to terminate contract
Firstly, the Contractor may terminate for any reason under NEC3 ECS, so contractually they have the right to terminate. Â The reason for termination is important, however, as it determines the procedure...
View ArticleAnswered: NEC ECC: What is "the amount of payments due to Subcontractors"?
From your question I can assume that you are using NEC3 and have a Main Option C, D or E, because of the definition of Defined Cost. Payments to Subcontractors should be made in accordance with the...
View ArticleNEC ECS: Contractor does not consider Subsubcontractor to be Defined Cost
We are a subcontractor who could not start work due to the Contractor’s delays. As we are a production factory and our subcontract is a supply and install under ECC option A, we have engaged a...
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