NEC3 Option A - CE omission for activity already completed
Hello - I’m working for a design and build consultancy under an Option A contract. One for the activities was to pay all planning and consenting fees relating to getting planning permission for the...
View ArticleAnswered: Employer instructed inclusion of TRA
Firstly, I have no idea what you mean by "the nutshell answer" ! Assuming this is for original work, as the Contractor owns both the TRA and terminal float, in terms of calculating delays due to...
View ArticleAnswered: NEC3 ECC: Can the Employer use the works past the Completion Date...
It could be a compensation event under 60.1 (5), but the circumstances would have to much the bullet points in in 60.1 (5). There is not enough detail in your question to answer this, but use of the...
View ArticleAnswered: NEC3 ECS: Damages to be levied
It would appear that the Contractor has changed the standard entry in the Contract Data to say damages are charged at a weekly rate. All other things being equal, as the Contractor has created the...
View ArticleAnswered: NEC3 ECC - Option B - CESMM Filling v Backfilling Payment Working...
the issue of excavating and backfilling work space is a matter for the Contractor to consider and include within its rates. If it is clear that imported material will be required then that should have...
View ArticleAnswered: NEC3: Should you Implement 2 Contract Datas with one Form of Tender
sounds messy, there should be one Contract Data, Part 1 completed by the Employer, Part 2 completed by the Contractor
View ArticleAnswered: NEC ECC: Option A/C Contractor wording Employer Works Information...
Works Information is a defined term and; - specifies and describes the works or - states any constraints on how the Contractor Provides the Works Essentially this means that you tell the Contractor...
View ArticleAnswered: NEC ECS: Agreed reduction for early payment
Jon is right - but given this is likely to be for a very small amount then you would like to think you can both find a way just by mutual agreement. You could by agreement make it fit a negative CE, or...
View ArticleJCT 2011 what is the contractors next action if the CA fails to issue award...
Extension of time application has been submitted and the 12 week period has expired what is the contractors next action
View ArticleAnswered: NEC ECC: Is the Contractor able to refer to a dispute?
Yes, the Contractor can : that is what the dispute procedures are there for ! Do note that implied within clause 60.1 (8) is the ability for the Project Manager to change a decision previously...
View ArticleAnswered: Is this legitimate cost under the contract and should it be paid?
By the 'Project Team', I assume you mean the Client and Contractor teams. So firstly, the Client's team should not be counted as Defined Cost as they are not employed by the Contractor as per the...
View ArticleAnswered: NEC3 ECC: Main contractor not supplying a revised program or dates,...
It very much depends on what main option of the ECC (or ECS?) you are working under as to whether you are entitled to any additional payment. By the sounds of things, the Contractor is advising that...
View ArticleAnswered: NEC ECC: Instruction to stop as a result of a risk the Contractor owns
The instruction to stop/start works is a compensation event under 60.1 (4) as you have said. If the reason why the instruction was given is due to a fault by the Contractor then the PM can state this...
View ArticleAnswered: NEC ECC: Instruction to stop as a result of a risk the Contractor owns
Don't forget whilst an instruction to stop work is a compensation event, you would not notify it as being a compensation event. If the Contractor notifies that it is a compensation event, the PM can...
View ArticleNEC ECS: Period For Reply in CD vs Timescales within Clause 60
I am a Subcontractor working under an ECSS Opt A, and within the Contract Data it states "The period for reply by the Contractor is two weeks more than the period for reply in the main contract". We...
View ArticleNEC ECC: When does 'pro active risk mitigation' become 'change'
We have a situation where there is a live risk which the Contractor owns under the contract. The Contractor has proposed a mitigation strategy but we are not convinced it will be effective. We've...
View ArticleNEC ECC: Option C Risk in CE quotes.
In Compensation Events can the contractor add a % of risk to there overall quotation and should this be paid by the client?
View ArticleAnswered: NEC ECC: Can risk be included and paid for in a CE?
Regardless of the Main Option, an appropriate risk allowance for cost and time should be included in any compensation event quotation assessment, because that is what the contract requires and the...
View ArticleAnswered: NEC AC: What are the limitations of using the NEC4 Alliance...
In many ways the NEC4 ALC contract is designed to be even more collaborative than other forms of contract, as it is based upon a different contractual arrangement whereby the main parties to the...
View ArticleNEC PSC: Expenses recovered through audit and actual costs?
On dealing with expenses under PSC option E, only those set out in the optional statements are recoverable?, anything else is deemed part of the staff rates? Is the payment of expenses at the rates in...
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