Answered: Can an extension to the period for reply be requested by the PM to...
Clause 13.5 only talks about the period of reply being extended, not a timescale already written within the contract. Therefore only something where the response time defaults to the period of reply...
View ArticleAnswered: NEC ECS: Compensation Event - Required Overtime
It should be the extra over cost that the CE is going to cause - which would sound like the premium time not the normally hourly rate as well. It is for the Contractor to present their quotation...
View ArticleAnswered: NEC ECC: YUK2 - what significance is this to a Contractor
Y(UK)2 was originally introduced by NEC in April 1998, applying to NEC2 contracts, in response to the Housing Grants Construction and Regeneration Act 1996 (HGCRA). As the name suggests, it is...
View ArticleAnswered: NEC ECC: YUK3 - what do I need to know
Y(UK)3 is used to expressly provide organisations that are not a named party to the contract the ability to enforce parts of the contract. See the rights of third parties act 1999. As a contractor you...
View ArticleAnswered: NEC ECC: Works Information or Estimate Asumptions & Exclusions,...
The main issue with assumptions and exclusions in tender documents is whether they are incorporated into the contract documentation. Clause 12.4 makes clear that the contract is the entire agreement...
View ArticleAnswered: NEC ECC: Does an implemented CE change Completion Date if CE does...
Like any compensation event you assess the impact the CE has had upon planned Completion, and if it has moved it you get to move Completion Date by the same amount. If these additional works have not...
View ArticleAnswered: NEC ECC: PC sums in NEC Option C
The answer is that it depends on what the contract says, whether it formally recognises PC Sums (which the standard NEC form doesn't) and how they are to be administered under the contract. Hopefully...
View ArticleAnswered: NEC ECC: Clause 13.7 Clarification
NEC3 states 'notification' and NEC4 states 'notification and certificate', although in many respects that should probably also include 'instructions' and 'acceptance'. What the clause aims to achieve...
View ArticleAnswered: NEC ECS: Who pays for the costs of correcting defects under Option B?
On an Option B, the Subcontractor should correct at its own costs.
View ArticleAnswered: NEC ECS: Who pays for the costs of correcting defects under Option B?
Under option B the Contractor is paid in accordance with completed items on their activity schedule. Therefore if they do one thing twice, there is only a mechanism to get paid once so therefore the...
View ArticleAnswered: NEC ECC: Clause 13.7 Clarification
If you are using one of the online administration tools (e.g. FastDraft) this will kind of force you down the right road anyway. You have to submit an individual quote, and if they have not responded...
View ArticleAnswered: NEC ECC: PC sums in NEC Option C
Difficult to answer a question about something that the contract does not legislate for. Search "provisional sums" within Reachback to get other answers around this topic. The general principle is that...
View ArticleAnswered: NEC ECC. Agreed Direct Fee, is it audit-able under an option E...
Short answer - no. Longer answer - no it isn't. Or even longer answer - they can look at it but cant do anything about it if they with hindsight think it was too high... If they found it was too low,...
View ArticleAnswered: NEC ECC: Employer use and takeover
The short answer is 'No'. The justification is that clause 35.2 states :" The Employer may use any part of the works before Completion has been certified. If he does so, he takes over the part of the...
View ArticleAnswered: NEC ECC: Can advanced works carried out under a 'letter of intent'...
Very difficult to say what will happen with something the contract does not ever expect you to do. There is no contractual mechanism to deal with this. Ideally the answer would always be don't start...
View ArticleNEC ECC: Under clause 45.1 what is the cost to the Employer of having a...
Under Clause 45.1 the Project Manager "...assesses the cost to the Employer of having a Defect corrected by other people..." What costs is the Employer able to recover? Is it (a) solely the amount...
View ArticleAnswered: NEC ECC: Float generated by Compensation Event
Must admit not quite clear on the specifics of the question as you describe it with PMI10/11 etc. However, when assessing this the rules of the contract are relatively clear. If planned Completion is...
View ArticleAnswered: NEC ECC: Project Manager's assumptions - Cl 61.6 NEC4
I guess the PM can give any assumption that he or she wishes to but it would be uncommon for them to assume something that is already their risk and also very difficult to measure. Weather happens...
View ArticleAnswered: NEC ECC: Under an Option C contract - is cost motor vehicle...
The answer would depend on what the van or lorry is classified as under the Schedule of Cost Components. If the vehicle (car, van or lorry) is specifically provided to an employee then, as a cost...
View ArticleAnswered: NEC TSSC: Termination
Whilst it would be good practice for the Employer to explain the reason in more detail than just quoting the term "any other reason", strictly the contract doesn't require this. Technically the...
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