Answered: NEC ECC: Disagreement about contractual Scope - further steps?
Although you are under an NEC3 ECC Option A, you also say that the demolition and re-routing works is agreed on an 'open book basis', which I am assuming is the 'pre-let' works you describe. If agreed...
View ArticleCE for dealing with a pollution incident?
Morning, We have a situation where we are undertaking works on an area with the environmental designations Special Area of Conservation (SAC) and Site of Specific Scientific Interest (SSSI). We have...
View ArticleNCE3 ECC Option A: Can Contractor submit a quote if the PM has rejected the CE?
The Project Manager rejects a CE on grounds that he does not believe the CE has an impact on Cost, the Contractor disputes the rejection and raises a quotation without the PM accepting the CE, is the...
View ArticleAnswered: NEC ECC: Delay to Access Date
NEC4 practice note 1 gives us a bit more clarity on that and is relevant to NEC3 as well as it is the same point of principle. It was always intended that whilst you use the last Accepted Programme,...
View ArticleNEC ECC: Repairs to temporary works
An area of temporary works have been constructed under an NEC Option C Contract. There have now been a couple of instances where weather (but not outside of the 10 year average) has damaged the...
View ArticleAnswered: NCE3 ECC Option A: Can Contractor submit a quote if the PM has...
There is no point in putting in a quotation if the PM does not agree it is one as they will not bother to do anything with the quote (and are not contractually obliged to). If you are using one of the...
View ArticleAnswered: NEC ECC: CE for dealing with a pollution incident?
Well, firstly, I agree with the sentiments of Dave Miller who seems to know more about this than I do ! Addressing the purely NEC aspects: from what you have said, not only is it clear this could...
View ArticleNEC ECS: Schedule & Shorter Schedules of Cost Components
A Subcontractor has included under the section, data for the Shorter Schedule of Cost Components in Data Part 2, the statement: 'the defined cost for People within the Working Areas' when it refers to...
View ArticleNEC ECC: Further procedure still not clear for dispute
Many thanks for your answer Andrew. You are right. The demolition/re-routing works are pre-works but it is not a separate contract. It is an option to the main contract. Under the contract the employer...
View ArticleAnswered: NEC ECS: Schedule & Shorter Schedules of Cost Components
Hi, it is not clear from your question what your are looking for clarification on. The use of the SoCC and/or the SSoCC will be dependent upon the main Option being used. It would appear from your...
View ArticleNEC ECC: Delay to Access Date
Employer is to provide access to “section 2” of site on day 20 of programme but this is now delayed by 20 days due to Employer not completing their works. Contractor is currently working on “section 1”...
View ArticleAnswered: Fidic red book and NEC3 comparison
Answered by David Roche: The NEC have undertook a comparison on this subject matter, see link...
View ArticleAnswered: NEC ECC: Further procedure still not clear for dispute
Peter, It is still not clear how the demolition / re-routing works have been implemented. Although you say it is an option under the main contract, the fact that the works have been valued as a BoQ...
View ArticleAnswered: NEC ECC: Is the Contractor required to mitigate programme delay
Andrews advise is good here. There is more of a legal obligation to mitigate rather than a specific contract clause to do so. You should be trying to minimise the effects of a CE without increasing...
View ArticleNEC ECC: Option A - Can the Employer recover 3rd Party costs incurred due to...
We have a scenario where the Contractor has excavated in the wrong location. As a result, the Employer has incurred additional Archaeological costs which would not have been incurred had the Contractor...
View ArticleAnswered: NEC ECC: Can you use X Options in the Short Form?
You can 'cut & paste' the actual words from the long form secondary option in if you want to. In fact, this is one of the advantages of using an integrated suite of contracts. However, be aware...
View ArticleAnswered: NEC ECC: Changes to the Works Information following acceptance of a...
The difficulty with this situation is that what is written in the proposed CE / actually instructed CE should determine the scope of the change. Although a quotation is required to include details of...
View ArticleAnswered: NEC ECC: Changes to the Works Information following acceptance of a...
This should not actually happen. When the PM implements a compensation event they should confirm what it is implemented at in terms of confirming the final change to Prices and/or any change to...
View ArticleAnswered: NEC ECC: WAO on Cost of People within a Subcontract
No. Under an option C, D, E or F contract, a Defined Cost is what you pay Subcontractors in accordance with the subcontract. To apply the percentage for WAO's, the people would either have to be...
View ArticleNECECC: Is the provision of a company car, including a fully expensed fuel...
On the basis that the provision of a vehicle is a defined cost, and assuming a fuel card is also classed as such, can the PM argue that private mileage should be deducted?
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