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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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NEC ECC: How do I have to show a parallel impact on the programme because of...

How do I have to show a parallel impact on the programme because of two Compensation events? First Scenario: CE 1: asbestos found (CE is accepted by employer), with impact on the critical path CE 2:...

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Answered: NEC ECC: ...and if the PM does not concur a notified event is...

Yes contractually - but worthy of having a discussion explaining why they do not consider it so.

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Answered: NEC ECC: Capturing prelims with CEs in an option C contract

Yes it is appropriate - and again an example of why it is essential for a Contractor to demonstrate both "planned Completion" and "Completion Date" on a programme. If the Contractor was performing well...

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Answered: NEC ECC: How do I have to show a parallel impact on the programme...

Most compensation events are a forecast (see the second part of 63.1). Therefore you assess the effects of CE01 upon planned Completion, and that is how much Completion Date should move by. Then you...

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Answered: NEC ECC: How to assess CE amount for inflation before completion?

I assume you are asking how an inflation allowance is included within a CE quotation.  This would relate to the forecast Defined Cost, as any incurred actual Defined Cost should be established. It...

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Answered: NEC ECS: Assessing a compensation event

The published version of the Schedule and Shorter Schedules of Cost Components only requires rates for categories of employee carrying out design and manufacture and fabrication outside Working Areas,...

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Answered: NEC ECC: Zclauses - additional conditions of contract selection

Z clauses are changes that a Client feels are necessary to make the NEC contract they have chosen fit their bespoke requirements. NEC4 makes some enhancements and corrections to NEC3 so by the nature...

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Answered: NEC ECC: Continually Delayed Start Date

If the postponed start date is not notified and the Employer simply fails to provide access then this would be a compensation event under clause 60.1 (2).  If this situation continues then notify an...

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Answered: NEC ECS: Delay Damages negotiable, capped or fixed?

Firstly you are slightly confused here talking about Employer/Subcontractor. I assume you mean the Contractor rather than the Employer in the wording of this question. The answer is that if the...

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Answered: NEC ECC: Client rejects CE but Contractor still believes valid

Three options: 1. re-notify it is a CE giving better/clearer reasons/demonstration why it definitely is a compensation event and see if they agree, and if still no go either to point 2 or 3 below 2....

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Answered: NEC ECC: Partial Site Access Entitlement

What ever your programme demonstrates! You show the effect of no work for the first week and its impact, and then the effect of partial impact the second week and its impact. The overall effect on...

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Fidic red book and NEC3

Comparison between fidic red book & NEC3 in terms of payment,program, and Disputes - can you give me a global summary of differences?

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NEC ECC: Contractor design liability for Client appointed designer under the...

If the Client appoints a designer contracted to that Client, how does that affect the Contractor's liability for the design? The Scope states the Contractor shall co-ordinate and integrate the work of...

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Answered: NEC ECC: Assessment of Compensation Event - Defined Costs –...

It doesn't really matter what the Contractor claiming - it is about what the contract says. The fact they took so long to do the quote does not change the wording of 63.1 that states that the quotation...

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Answered: NEC ECC: Option A Sectional Completion CE

You can claim under the CE for he effect that the CE will have on your project - nothing more and nothing less.  If there are specific prelim type costs that will be incurred additionally due to the...

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Answered: NEC3 ECC: Option A- Rights to costs for increased costs due to...

The first thing you need to ascertain is who is responsible for the design. From your question it appears that the Employer has provided an indicative design suggesting that you are responsible for the...

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Answered: NEC ECC: Contractor design liability for Client appointed designer...

This requirement in the Scope is very general, but is still a requirement all the same.  In terms of liability, it depends upon what design obligations you have under the contract and who has been...

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NEC ECS - Company taken over during contract period

Is the subcontract still valid if the company is taken over by another during the contract period? Does the original contract and its terms and conditions still hold when it comes to a potential...

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NEC ECS: contra charges

Under an ECS Option C subcontract, the main contractor applies contra charges to the payment application. A portion of the contra charges relate to de-scoped work and others relate to works instructed...

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NEC ECC: Option A - People Overheads

We have had a quotation for people and it includes their cars used to travel to site. Would this normally be built in to the People Overheads? I've looked through the green and brown book and this...

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