Answered: NEC4 ECC: Option B: completion of data for sscc
In answer to 1., that is the intention as the Contractor will know how they categorise their workforce, but this would make it difficult to make to do like for like tender comparisons, which is...
View ArticleAnswered: NEC ECC: Secondary Option X2: Changes in the Law - Will the changes...
The simple answer is that the proposals have to be a change in the law for them to be enforced. Originally presented in the Social Security Contributions (Intermediaries) Legislation 2000, the...
View ArticleAnswered: NEC ECC: What happens if Project Manager is beyond time to assess a...
The PM is right to still make an assessment, even though it's late, however the Contractor is entitled to notify a CE as clause 60.1(6) the PM has not replied to a communication within the period...
View ArticleNEC ECC: Have submitted a design for a floor which Works Information was...
Contract was awarded on a design and build Option C basis. The works information was non-specific in regard to what type of floor was to be used and as such designs for a polished concrete floor have...
View ArticleNEC ECSC: ownership and title to construction work
We are contracted under a NEC short form sub contract to complete civil works for a main contractor who in turn is under NEC option A with a large client. We have completed works and left site with all...
View ArticleAnswered: NEC ECC: Have submitted a design for a floor which Works...
If the polished concrete design complies with the WI and the PM does not accept it, then it would be a compensation event under clause 60.1(9). If the Employer via its PM insists on a marble floor,...
View ArticleAnswered: NEC ECSC: ownership and title to construction work
You can approach the end client and ask for payment, but they have no obligation to pay you as they are not in contract with you. The short contract is a bit skimpy on title so the position defaults to...
View ArticleJCT: Contradictory provisions
On a JCT Sub-Contract (JCT DBSub), where the re-measurement basis applies, clause 2.9 suggests that an error in quantity is to be corrected and treated as a variation whereas clause 5.1 says that a...
View ArticleAnswered: NEC ECC: Are there any disadvantages from employer perspective of...
The dangers is you end up with an activity schedule that does not match how the Contractor would like to or actually is going to do the work. So far from getting transparency over costs, you end up...
View ArticleAnswered: NEC ECC: Project Manager making their own assessment
It really depends on who caused the delay: if it was on the Employer/Client side, it might be another compensation event. Also, look at the criteria in clause 63 for assessing compensation events.
View ArticleAnswered: NEC Contracts: Force Majeure - Corona Virus?
It sounds like a good idea to raise an early warning so all parties can start thinking about the consequences and what to do. Larger contractors and clients can probably reach back into their HO for...
View ArticleAnswered: Contract error - was unaware of contract signed up to?
Generally mistake will not affect the validity of the contract however much will turn on the specific circumstances surrounding how it came to pass that the contractor didn't realise they had signed a...
View ArticleNEC ECC: Change to the Scope
Can somebody advise on the following scenario that we've got The Project Manager instructs a change to the Scope to include additional works, one delaying Completion and one not. How are these...
View ArticleNEC ECC: Can the shorter schedule of cost component be omitted from NEC3...
We are currently operating as a subcontractor on NEC3 Option B. I have just started on the contract and have observed there is no shorter schedule of cost components included within contract data part...
View ArticleNEC ECSC: PM's responsibilities with regards to insurance disputes
I am currently the PM on a commercial project using the NEC3 Short Form. This project comprised the construction of an extension to and minor refurbishment of an existing office building. During the...
View ArticleAnswered: NEC ECC: Can the shorter schedule of cost component be omitted from...
In the unamended conditions of contract, the Shorter Schedule of Cost Components is referenced from it. Therefore it is part of the contract regardless of whether it is part of the contract documents...
View ArticleNEC ECC: Provision of Contractor Invoice
Under the NEC there seems to be no provision for the Contractor to provide an invoice following payment certification. Given that Public Sector Clients (some Private) require an Invoice to pay such...
View ArticleJCT: Whats the main different between a traditional accelerate lump sum...
Whats the main different between a traditional accelerate lump sum standard building contract and a design and build contract?
View ArticleBespoke Contract: Is inflation/ price escalation considered as an Indirect cost
Bespoke Contract solely allows for reimbursement for Direct Cost only. Is inflation of prices due to delay of placing subcontract orders considered as a Direct Cost or Indirect Cost?
View ArticleAnswered: NEC4 ECC: DOES THE CONTRACTOR NEED TO GET PERMISSION OF PM TO...
There is a new clause in NEC4 contracts called "Disclosure" (clause 29 in ECC) that states that they do not disclose information obtained in connection with the works, and that specifically they may...
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