Answered: NEC ECC: Option A (Contractor Design) and updating Contractor's...
You may be confusing Contractor's Works Information (CWI) - in place at the signing of the contract - with detailed design developed by the Contractor after the contract has been signed. If your CWI...
View ArticleNEC ECS: Supplier design fee - is this recoverable as part of a compensation...
In NEC3 ECS option A, a variation is issued to a Subcontractor. The Subcontractor then passes the design and manufacture of the variation to their Supplier who is under a supply agreement. Does the...
View ArticleNEC ECSC: Contractors Design Liability under ECSC
If we looked at a scenario in which the Client has already let an ECSC contract including Contractor design, some of which is found to be defective. In the absence of any clauses confirming the...
View ArticleNEC ECC: Option A - Change of supplier due to Covid 19
Due to COVID-19, my Contractors tendered supply chain for a trade has closed with no sight of when they will re-open. They have found another supplier to try and avoid any more programme delay however...
View ArticleNEC PSC: Z clauses wording in PSC
Our potential Consultant suggested making amendments to Z clauses of professional services contract for landscape design. My first question is it allowed to make changes to Z clauses if accepted by...
View ArticleAnswered: NEC ECS: Option C ECS activity schedule payments - how is...
No - with option C the Subcontractor will be paid their Defined Cost which is all the cost they can prove they have spent in line with the schedule of cost components. Option C is fully open book. The...
View ArticleAnswered: NEC PSC: Z clauses wording in PSC
First of all, the potential Parties to a contract can agree any change they like prior to entering into a contract. They can even agree to change the conditions of contract once they have entered into...
View ArticleAnswered: NEC ECC: 60.1 (13) CE - Cumulative Rainfall within a month. Option A
It is fairly easy to prove something is a compensation event. It either did or did not rain in the month for either the 1 in 10 year event number of days, or the 1 in 10 event cumulative amount of rain...
View ArticleAnswered: NEC ECSC: Contractors Design Liability under ECSC
The ECSC should not be used for complex, risky design and construct projects. As you have discovered it contains no procedures for the submission of design for acceptance, undertakings to others...
View ArticleNEC PSC: Recovery of Costs from Design Issues
I have an NEC3 PSC Option C contract for detailed design of some flooding remedial works that isn't yet fully completed, which is concurrently being fed into a separate NEC3 Option C ECC contract for...
View ArticleNEC ECC: Clarification when a prevention event is a change in law
If it is acknowledged that the Covid-19 pandemic is a Clause 19.1 prevention event there is an obligation on the Project Manager to give an instruction to the Contractor stating how he is to deal with...
View ArticleJCT: Mechanism for agreeing general variations
We are a sub-contractor and are struggling to get variations agreed, the variations are growing in value and this is now becoming a worry. Can you advise if there any mechanisms in the JCT 2016 to...
View ArticleJCT: When you have issued all the required Section Completion Statements, do...
This has recently been raised by a Contractor in an adjudication argument and is also being requested by Contractor insurance companies on a more regular basis
View ArticleAnswered: NEC ECC: Option A - COVID-19 Post Completion Date LAD's
See this link - https://www.linkedin.com/pulse/who-pays-covid-19-contract-risk-allocation-under-nec-contracts-jon/ for a article by yours truly. The long and short of it is that, under NEC3 (the...
View ArticleNEC ECC: Can the Client QS request re-cost loading of the programme just one...
We are the main contractor working on the NEC3 2005 Option A contract. We have had a fully cost-loaded baseline programme accepted by the PM, which will then form the basis of our future payment...
View ArticleNEC ECC: CECA Rates within a Compensation Event
Within our contract (NEC4, Option A), we have agreed to use CECA rates less a discount and this is the rate that I have charged for my equipment costs with a CE. However, the PM has highlighted the...
View ArticleAnswered: NEC ECC: CECA DAY RATE SCHEDULE
i would suggest the October 2019 version since that is the last (latest)
View ArticleAnswered: NEC ECC: Does the Contractor always have the right to notify a...
in accordance with clause 61.3 the Contractor is required to notify of an event which has happened or which it expects will happen if it considers the matter to be a compensation and the PM has not...
View ArticleAnswered: NEC ECC - Procurement during lock down (COVID-19)
Clause 19.1 is only the PM's obligation to issue an instruction, so if this has been removed but not clause 60.1(19), as @Tiplady says the Contractor still has a right to a compensation event. This...
View ArticleAnswered: NEC ECC: What should I include in a Covid-19 CE quote?
Under Option A compensation events are assessed using the Short Schedule of Cost Components with the types of cost you refer to being classed as people and you are entitled to recover the cost of...
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