Answered: NEC ECC: Specifying a Start Date in CD Part 1
The starting date isn’t mentioned in any of the compensation events therefore the fact that it didn’t happen is not in itself a CE. The starting date only means programme and payment procedures...
View ArticleAnswered: NEC TSC: Rate banding
To be able to answer the question you need to understand how the Price List was put together and any relevant Z clauses. Use of a standard method of measurement is not dealt with in the TSC therefore...
View ArticleAnswered: NEC ECC: Tender Works Information vs Contract Works Information
You’re absolutely correct in your understanding and the Project Manager is correct in their interpretation of the contract. This is not a CE under the contract. You really should have checked the...
View ArticleAnswered: NEC ECC: Programme update instruction
I think if I was a competent Contractor I would struggle to say this is a massive hardship if I was using the programme as a rel management tool. I would like to think as a Contractor I would be...
View ArticleAnswered: NEC ECC Option A - Increase in cost of original works due to...
Firstly let's go right back to basics on compensation events, these risks are not the Contractor's risk under the contract therefore the Contractor has not included for them in its tendered Prices....
View ArticleNEC ECC: How to respond to an Instruction that you can not comply with?
We have been asked to proceed with a M&E change to a specific system which when stepped down to the Subcontractor has been responded to by the supplier to say that the change is simply not possible.
View ArticleAnswered: NEC ECC: How to respond to an Instruction that you can not comply...
Clause 18.1 of NEC3 ECC and clause 17.2 of NEC4 ECC say you notify the other as soon as you become aware of anything which requires you to do something that is illegal or impossible and that if the PM...
View ArticleNEC ECC - Staff thickening in a compensation event quotation.
Can you give a clear example of "staff thickening" when it comes to assessing a compensation event?
View ArticleAnswered: NEC ECC: Terminology - Works and works
In answer to your question 1: The start of both Contract Datas use the words 'one' or 'two', so I would and do use the word rather than the number. I have no idea where the "suggestion from peers that...
View ArticleAnswered: NEC ECC - Staff thickening in a compensation event quotation.
An obvious example would be where a compensation event requires more work to be undertaken which does not affect the planned Completion date. This may include; additional procurement, more...
View ArticleJCT: What happens if a Provisional Sum is too low?
A provisional sum has been included for finishes. The actual requirements are being finalised by the Client and it looks like the quality will be much more than expected and the value approximately...
View ArticleNEC4 ECC Clause 60.1 (8) in association with clause 61.4
In NEC4 ECC at clause 61.4, the PM notifies the Contractor that the Prices, Completion Date and the Key Dates are not to be changed where one of the stated bullet points applies to a Contractor's CE...
View ArticleAnswered: NEC ECC: Who takes is taking the risk for a forecast compensation...
Yes you are correct in your assessment that this should be based on a forecast which is all mapped out in clause 63.1. It stops the "cake and eat it" scenario for the client as you describe which is...
View ArticleNEC ECS: Provisional Sum in an Option A Subcontract
I'm working on a Subcontract whereby the Contractor has included various activities for pavement (in a lot of detail), included a quantity, we've priced it at tender stage and the total has been...
View ArticleAnswered: Can i issue a pay less notice which will hopefully incentivise a...
The simple answer is 'no' as a notice to pay less than the notified sum ('pay less notice') is specific to the payment procedure and is applicable when the 'payer' (Contractor in your case) wishes to...
View ArticleAnswered: NEC ECS: Provisional Sum in an Option A Subcontract
As you rightly say NEC does not use the concept of provisional sums so without Z clauses there's certainly a problem. I presume they're being classed as provisional by nature of some description within...
View ArticleNEC ECC: Project Managers Instruction or new contract to be formed ?
Are the parameters defined for the extent/scale/nature of work deemed to be acceptable for instructing under an existing contract and what work differs so greatly from the original contract a new...
View ArticleAnswered: NEC ECC: Project Managers Instruction or new contract to be formed ?
In accordance with clause 14.3 the Project Manager can give an instruction which changes the Scope (Works Information). Changes to the Scope is generally regarded to exclude the introduction of new...
View ArticleAnswered: NEC ECC: Can the client request negative CE's for minor changes...
In short yes, just as in the same way if these minor drawing changes meant you are now installing more of something you would be able to claim the extra as a compensation event. Any change to the Scope...
View ArticleAnswered: NEC ECC: X12 Partnering
Contracting authority is not a term used in NEC however, when you include X12 you are required to enter in the Contract Data who the "Client" is which may or may not be the same organisation as the...
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