NEC ECC: Reduction of Prelims under Option C?
Does the Client have the right to request the contractor reduces prelims (white collar staff) under the contract? The Prices (Target) was never broken down to great detail so there was no indication of...
View ArticleNEC ECC: Defective works
I am currently administering an NEC ECC Op. A contract procured via a traditional route with contractor design elements. I am in disagreement with the contractor over the status of a defect / claimed...
View ArticleAnswered: NEC TSC: Defined Cost based on current rates adjusted to base date...
The price adjustment mechanism, under option X1.3 1st bullet, assumes that a compensation event is being priced at 'current rates', so is required to be 'backdated' to the Base Date. Â As this is a...
View ArticleAnswered: NEC ECC: Is Working Area Overhead a Defined Cost?
Yes, the Working Areas overheads charge is Defined Cost and so the direct fee percentage is applied accordingly. It is not a case of 'fee on fee' as it is essentially a 'simplified' way to calculate...
View ArticleAnswered: NEC ECC: Defective works
At a 'headline' level your reasoning seems correct for the two reasons you identified AND that any design developed by the Contractor has to comply with  Works Information under clause 21.2, regardless...
View ArticleJCT: D&B 2016 - Can I extend the final date for payment period?
I am using the JCT D&B 2016 and would like to extend the payment period because  the client won't pay the contractor's invoices within 14 days from the due date (their standard terms are 30 days)....
View ArticleAnswered: NEC PSC: Option C - Employer Instruction/Employers Assessment
No I don't think there is - but what harm will it do to at least have their version of the quote which you can then take a red pen to? Much easier than starting from a blank page. If you instruct the...
View ArticleAnswered: NEC ECC: Reduction of Prelims under Option C?
It should be in your interest to run the project as efficiently as possible to meet the quality but also provide the most optimum cost possible which will then increase your gainshare (and theirs)....
View ArticleNEC TSC: Option A with option X19 - Instruction changing a Task Order
I am administering a contract using TSC with option X19 with some amendment to the conditions of contract. One of the amendments is the third paragraph of X19.2 is deleted. Under such amendment, Â what...
View ArticleAnswered: NEC ECS: Option A - lost plant on site
I assume from the reference to 84.2, that you are under NEC3. Regardless, I am not sure why the Subcontractor is claiming under 60.1 (16). It should, if anything, be 60.1(14) for an Employer's or...
View ArticleNEC ECC: Gateman not provided by Client - is this a compensation event?
On one of my current jobs, our client has not provided a gateman, yet the main gate must be locked at all times. This has resulted in one of our workers having to travel across site, taking approx 10...
View ArticleAnswered: NEC ECC: Contractor Programme stated in Contract Data Part Two
Yes they are correct, but not quite sure what the problem is. People often get hung up on a clause 31 or clause 32 programme but the first one is what people typically refer to as the "clause 31"...
View ArticleAnswered: NEC ECC: Gateman not provided by Client - is this a compensation...
This really depends on specifically what your Works Information (or Scope under NEC4) states. If they have specifically stated this is something they would provide then yes this probably is a...
View ArticleNEC TSC: Under option A, Option X1 - Adjustment Calculation for inflation
I encountered a problem while dealing with the adjustment calculation under X1.3. As the adjustment shall be made at the time the compensation event is assessed and this assessment takes a period of...
View ArticleNEC3 ECC: Fees applied under ECI Stage One - Option C, WAO/H or People OH?
We are under contract with a Subcontractor on a two stage contract, using the NEC3 ECI addendum, Option C. Stage One applications are being submitted by the Subcontractor applying People Overhead for...
View ArticleNEC ECC: Option A: Instruction 11.2(19)
We, the Contractor, have received a list of equipment from the Project Manager through an email (extract below). The list was not part of the Works Information and we understand this list to be a...
View ArticleAnswered: NEC ECC - Z clause that means working around existing services is...
The compensation event process is : 1. Notification - Contractor notifies what they believe to be a CE justifying why it is (in accordance with 60.1) one. Project Manager responds with either no they...
View ArticleAnswered: NEC ECC: Option A: Instruction 11.2(19)
Firstly, it is not clear, from the wording of the email, what the intention of the 'equipment list' is. As the matter is considered to be an early warning by the Project Manager then hopefully you can...
View ArticleNEC ECC: Can PM extend period to assess quote once they have been notified of...
Can a Project Manager request an extended period of reply once they have been reminded they have not responded to a quotation within the time-frames set out in the Contract? Project Manager could ask...
View ArticleNEC ECC: Switch date for assessing time in a compensation event
The Project Manager, when assessing compensation events, has referred to the switch date from actual and forecast costs for a compensation event under Option A. There was never an instruction, just a...
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