Answered: NEC ECC: Contractor Design (Outside of Main Contract) Works...
You would want it to be filled as Contractor's Works Information. That way, if there are ambiguities or inconsistencies in it and it needs changing, the Contractor is liable i.e. while it will be a...
View ArticleAnswered: NEC ECC: Option B: Reducing Contractor's Scope of Work - can this...
This has come up before although I can't locate the answer. However, the answer is no because: - the work that they are proposing to remove is within the description of the 'works' AND (not 'or') - it...
View ArticleNEC ECC: Under Option B do we have to provide all delivery tickets to the...
We have been asked to provide all delivery tickets for a project which is on an ECC option B. Do we have to provide all of these tickets for all materials provided on the project and fully incorporated...
View ArticleAnswered: NEC ECS: Under 61.4, how long has the Contractor got in the first...
Clause 61.4 states that the Contractor has to respond to a notified compensation event within two weeks. Once this period has been exceeded, the Subcontractor may notify that there has been a lack of...
View ArticleAnswered: NEC ECC: A Contractor is delaying starting works.
The Contractor can choose not to start if they like however the question of liability for this will then arise. If they choose not to start and it's later found that they could / should have started...
View ArticleAnswered: NEC ECC: Under Option B do we have to provide all delivery tickets...
Option B is a lump sum type contract. You get paid for the actual quantity done of the items listed in the Bill of Quantities i.e. they are remeasured. There would be no requirement to provide delivery...
View ArticleAnswered: NEC ECC: Appointment of the Project Manager
In direct answer to your question I would say that there isn't a need for a Z clause for appointing someone from the Employer's staff as the Project Manager. Although there is no express right of...
View ArticleNEC ECC: Material added by the Contractor to ease construction not in the...
The Contractor is to undertake the installation of sheet piled wall with a silent piler. Â They have taken advice from the supplier of the rig that because there are some gravels in the GI report (Site...
View ArticleAnswered: NEC ECC: Material added by the Contractor to ease construction not...
From what you have said I am assuming that the Contractor has no design responsibility and that you are also under one of the 'cost reimbursable' options, C (with target), D (with target) or E. The...
View ArticleNEC TSC: Who is responsible for Price List quantities in an X19 Task Order?
We are a Contractor on a Design & Build NEC 3 Term Services Contract (TSC) Option A and have been awarded work under a Task order. 1. Who owns the risk of quantities entered into the price list?...
View ArticleAnswered: NEC ECC: Defects and Contractor warranties
That seems to be a sensible approach for two reasons: - the equivalent of the defects liability period in NEC in the defects date. Broadly speaking, provided the Contractor has corrected notified...
View ArticleNEC ECC: Can Contractor claim cost if delayed in correcting a defect that...
As a Contractor, we have caused a defect and have planned the works to go in and correct that defect. It is option A and we understand that is our risk/cost to correct that defect. However, we followed...
View ArticleAnswered: NEC ECC: Can Contractor claim cost if delayed in correcting a...
If: - you had put this in your programme which had been accepted then it could potentially be a compensation event under 60.1 (2), (3) or (5) or - there are provisions in the Works Information / Scope...
View ArticleNEC3 ECC: Under Option A Contract can the client levy both Contra Charges and...
We are currently in the process of final accounting an NEC Option A Subcontract. The client (Subcontractor) has issued us (Sub-subcontractor) with a list of contra charges (some charges are acceptable...
View ArticleAnswered: NEC ECS: Concurrent Delays
Broadly speaking I always state that there is no such thing as concurrent delay under NEC contracts. One delay will have happened first and you assess the impact of that, and then see the extra over...
View ArticleAnswered: NEC ECC: Can a weather event lead to unexpected physical conditions
In theory yes I guess - but unlikely I suggest. Certainly not automatically anyway. Physical conditions is more things like rock or hard ground, unexpected services, contaminated ground, an expected...
View ArticleAnswered: NEC ECC: Assessing CE's in absence of an Accepted Programme
What a mess that frankly neither party should have allowed to happen. Both Parties should have seen the importance of the first Accepted Programme and do more to make it happen. Did the Project Manager...
View ArticleAnswered: NEC3 ECS: Under Option A Contract can the client levy both Contra...
Usually liquidated damages are an exhaustive remedy for failure to complete the works by the Completion Date and the Subcontractor does have the right to under the Sub-subcontract to deduct these from...
View ArticleAnswered: NEC3 ECS: Under Option A Contract can the client levy both Contra...
hi, its not clear from your question if the contra charges are for matters connected with not completing by the Completion Date or for separate matters. As Neil says, X7 is a pre-agreement for a charge...
View ArticleNEC ECC: Can a Contractor claim loss of bonus/incentive payment/profit if a...
NEC ECC Option A: Subcontractor misses a key date. General damages are at large and I & CL excluded. Subcontractor had access to main contract for inspection prior to entering contract. In missing...
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