Answered: NEC ECC: Dealing with CE's in the Defects Period - Option E
The only restriction on notifying CEs is at clause 61.7 which prevents notification after the defects date. The term defects date is in italics in the contract which means it's an identified term given...
View ArticleNEC ECC: Administering delayed damages
The first instance I have had to deal with delay damages under X7. They are included within the contract, the Contractor has run over from the last accepted programme by 160 days. What is the next...
View ArticleAnswered: NEC ECC: Option A - People Overheads
The calculation of People Cost in the Short(er) Schedule of Cost Components is less distinct than the 'full' schedule, which provides reasonable definition of what is an 'allowable' cost component. I...
View ArticleAnswered: NEC ECS - Company taken over during contract period
If it is a straight takeover with no 'pre-packed' administration, the answer is a definite 'Yes'.
View ArticleAnswered: NEC ECS: contra charges
There are no such thing as "contra-charges" under the contract. If the works are de-scoped then these should be instructed and notified as a compensation event. The Subcontractor then should have the...
View ArticleNEC ECC: Dealing with CE's in the Defects Period - Option E
I am working under an NEC3 Opt E Contract, and we (Contractor) are currently rectifying Defects in the Defects Period during a series of pre-agreed access dates. The Employer has not provided access to...
View ArticleAnswered: NEC TSC: View on whether direct fee is applicable to payment
Very simple this one and yes you are correct. I would always recommend a Contractor actually READS their contract to understand what the rules are and how they should price it in the first place. In...
View ArticleNEC 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...
View ArticleAnswered: NEC ECC: Abatement of compensation events without a valid pay less...
David, the answer will depend upon the question asked in the Referral eg if the question surrounds the amount to be paid based on a notified sum in the absence of a pay less notice or if the question...
View ArticleNEC TSC: View on whether direct fee is applicable to payment
NEC3 TSC option A. I have a situation where monthly assessments submitted by Contractor apply direct, indirect and management fees to the cumulative total of all works carried out and prelims. There...
View ArticleNEC ECC: Works stated in the Works Information as not being required for...
The NEC3 Contract provides for the Employer to specify in the WI the works required to be complete for Completion to be certified. Alternatively the work required for Employer to use the Works is the...
View ArticleAnswered: NEC ECC: What are examples of appropriate Z clauses for a specific...
Very hard to say what Z clauses you need for any project. NEC has tried to write a good set of rules that should not need too many amendments, but you just need to look at what specifics your type of...
View ArticleAnswered: NEC ECC: For a project located in Edinburgh, Scotland, does the...
The simple answer is YES the 'Construction Act' applies to England and Wales or Scotland, so you should use Option W2. The main difference is that where the payment or adjudication provisions in the...
View ArticleAnswered: NEC ECC: Works stated in the Works Information as not being...
The previous advice is correct in that they are not AUTOMATICALLY Defects. However, as a Defect is a part of the works not in accordance with the Works Information, then any incomplete work - from the...
View ArticleAnswered: NEC ECC: TQ's on Build only NEC Option A Contract
Contractually, I would advise you to raise these ASAP as early warnings. Why ? Because by the words of the contract, that is what they are ! And if, as a Contractor, you don't give an early warning as...
View ArticleNEC ECC: What are examples of appropriate Z clauses for a specific project?
A project will act as the focal point for the council's community-based outreach activities and continuous professional development courses - what Z clauses should we include. Also, what secondary...
View ArticleAnswered: NEC ECC: Should the Employer pay for defective works?
As a general point you do not need to (and indeed should not) use the payment process to ensure any item is defect free. They are contractually obliged through section 4 to deal with any defects and...
View ArticleAnswered: NEC ECS: Payment of Option B
Under the Option B payment should be the implement CE value. If the Subcontractor had taken longer than its forecast then the same would apply because the risk sits with them. Yes, under the Option D...
View ArticleAnswered: NEC ECC: Repairs to temporary works
That would be a Contractor risk - and no where under clause 60.1 that the Contractor would be able to notify that as a compensation event I suggest.
View ArticleNEC ECC: Disagreement about contractual Scope - further steps?
I would like to know how is the right approach concerning the following matter. We have an NEC3, Option A contract but the dispute resolution was amended according to NEC4 (first escalation: Senior...
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