Answered: NEC ECC- CE assessment without an accepted Programme
If a programme was stated in Contract Data Part 2 then that is the Accepted Programme, although it may not be of much value in assessing compensation events, although at least a starting point. If...
View ArticleAnswered: NEC ECC: Conflict between Framework and PSC or ECC contract
You can effectively divide the obligations of the contractor into 3 groups : those of a Supplier as listed in the Framework Contract (assuming it is an NEC contract); those as a Contractor under the...
View ArticleAnswered: NEC PSC: CE Assessment Implementation
I am assuming this is NEC3 as you reference the 'Employer' being the one administrating the contract. There is no express provision allowing the Employer to change their mind under the, BUT...
View ArticleAnswered: NEC ECS: Works Information referred to in Contract Data - Conflict
This sounds like a dog's dinner of a contract and underlines the importance of a clear contract (in its entirety) so that both Parties know what they are signing up to ... in fact one question is :...
View ArticleAnswered: NEC4 Framework Contract - can it be amended for a Subcontractor?
A1 : Yes, it is practicable as in you just put what you propose in as a part of the additional conditions of contract at the bottom of page 3. Alternatively, are far more simply, you say in the entries...
View ArticleNEC3 ECC Schedule of Cost Compenents - Charges 4 - Specialist Services 43(h)
What types of costs could be included as 'Specialist Services' under Charges (4 - 43(h)) within the Schedule of Cost Components?
View ArticleJCT: Assessing interim payments to which date (Due Date or IVD)
When a Contractor submits his interim Payment Application under, say a JCT SBC/XQ 2016, to which date is his works valued to? Is it the relevant due date or is it the Interim Valuation Date? I feel...
View ArticleAnswered: NEC ECC: Option B Clause 63.13 - effect of amendments
Neither ! This clause is about how changes in the Prices - worked out under 63.1 - are inserted into the existing BoQ - see the opening sentence of 63.13. What it does lead to, which I think you have...
View ArticleFIDIC Red Book: works insurance
The Contractor has works insurance. Major damage is caused due to a design error by the design engineering team. Should such loss be ( have been?) covered by the contractor's works insurance or does...
View ArticleNEC ECS: Option A – Extent of Subcontractor’s Liability under Clause 82.1.
I am currently working for a Subcontractor employed by main Contractor under a NEC3 ECS Option A subcontract. We have recently raised several EWN’s and NCE’s regarding damaged (mainly accidental) to...
View ArticleNEC ECC: Option B:- Compensation Events and missing items
A Contractor has missed items within their CE Quotations which have been agreed and paid in an assessment by the PM. They are adamant that they can claim these missed items within the BoQ remeasure....
View ArticleNEC ECS: Contractors failure to respond to a CE
Following the Main Contractors PM accepting our programme in September 2018, we issued an Early Warning Notice stating that the revised accepted programme would change the prices due to our prolonged...
View ArticleNEC4 PSS - does X18 limitation include matters covered under insurances?
If under the Subcontract it's a requirement for the Subcontractor to have insurance cover of say £10 million for professional indemnity, but under X18 the Subcontractor’s liability for either...
View ArticleNEC4 PSS - does X18 limitation exclude matters covered under insurances?
If under the Subcontract it's a requirement for the Subcontractor to have insurance cover of say £10 million for professional indemnity, but under X18 the Subcontractor’s liability (for either...
View ArticleNEC ECC: Payment/ Assessment for works/ Price for Work Done to Date (NEC3 ECC...
I am the PM on a project using an NEC3 ECC Option A contract. The Works Information specifies particular items such as testing, witnessing, record information and labelling etc.. The Contractor is...
View ArticleAnswered: NEC ECC: When is the contents of an Early Warning Notification...
They have confused two processes here. Under NEC3, there are only three deemed acceptances in the whole contract and they are all to do with compensation events. If an early warning has been notified,...
View ArticleAnswered: NEC ECC: Option A Tender rate assessment
Unfortunately (and I only say that as you might not like the answer for this scenario) it is the cost of what it will be now, less the cost of what it would have been. The omission is not however...
View ArticleAnswered: JCT: Assessing interim payments to which date (Due Date or IVD)
Under JCT the works are valued as at the Interim Valuation Date, as stated at clause 4.14. Although it may seem to be a little confusing, clause 4.10.1 is essentially about a payment application, which...
View ArticleAnswered: NEC ECC: Option B:- Compensation Events and missing items
Under main option B there are specific contract provisions which deal with a change in quantities under clause 60.4., although all of the requirements in the stated bullet points must apply, which...
View ArticleAnswered: NEC ECC: Payment/ Assessment for works/ Price for Work Done to Date...
From reading your comments, my first observation is to say that 'incomplete works' are not a Defect. A Defect is a part of the works not 'in accordance' with the Works Information, applicable law or...
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