Answered: LEGAL: Does a Pay Less have to state the word "Nil" to be valid?
If the Payless Notice showed how the Interim Valuation was derived and that it went into the negative then it is valid despite the word 'NIL' not being there.
View ArticleNEC ECC: Client is refusing to instruct social distancing claiming it is our...
The Client is refusing to change the Work Information / constraints with regards to social distancing. We as a Contractor would be looking to follow the government guidance with regards to social...
View ArticleAnswered: NEC ECC: Impossible Requirement
Interesting question. Am I right in thinking “build to print contract” means it is construct only contract with Employer’s design. If so the Employer should have set out the specification for the works...
View ArticleAnswered: NEC ECS: Instruction de-scoping work - do I terminate a...
You have to follow the correct contractual processes you have with your Subcontractor in accordance with the contract you have with them. If an instruction to you removes the specialist equipment they...
View ArticleAnswered: JCT: Rights for set-off and/or pay less notices
This is a complicated question and the answer will be equally difficult. The case of Mailbox (Birmingham) Limited v Galliford Try Construction Limited 2017 EWHC 67(TCC) looked at similar facts although...
View ArticleAnswered: NEC ECS: Works removed in entirety from Subcontractor due to Covid
Whether or not the instruction is due to Covid or not does not change the fact that the works you had engaged your Subcontractor to do are not now to go ahead so you will have no choice but to...
View ArticleAnswered: NEC ECC: Client is refusing to instruct social distancing claiming...
Whether or not they instruct you does not mean you should not be doing it. You need to instruct your workforce/supply chain how to work particularly given this is their health and safety that we are...
View ArticleAnswered: NEC ECC: Under option C, can a negative CE be issued for scope that...
If it was a Project Manager assumption that they should assume that they will have to include for a muckaway within their quote, this assumption proving to be incorrect is now a new CE (60.1(17)). If...
View ArticleNEC ECS: Separate Activity for Management cost in an Option A Activity SChedule
We are in contract on an NEC4 Option A ECS. We have completed Stage 1 (Design) which has enabled our client to release funding for Stage 2 (Construction). We are currently in the process of putting the...
View ArticleNEC ECSC: Awarding contract post-covid that was tendered pre-covid and risk,
NEC3 shortform jobs tendered before Covid-19, is now being asked after letter of intent for us to allow amending clause 60.1.(12) to Contract Award in lieu of Contractors Offer thus removing a change...
View ArticleAnswered: NEC ECS: Separate Activity for Management cost in an Option A...
If you are preparing the Activity Schedule, it can have whatever you want in it. The practical question is, 'can you clearly identify when it has been completed?' so you get paid for it. In the case of...
View ArticleAnswered: NEC ECC: Inclusion of Compensation Events - Option A
The traditional approach to provisional / daywork / contingency sums used by other contracts was not adopted by NEC in the ECC or any of the other contracts in the family. It isn't good practice to do...
View ArticleAnswered: JCT MW2016 - Additional works not instructed
This is another difficult area. If your client undertook the additional dig without any form of acknowledgement of the CA then he is probably not entitled to recover the costs of the Variation or...
View ArticlePCSA: Can I apply OH&P on my internal project team costs
As part of my PCSA & management of the design / development of costs can I apply OHP % on project team. So I need to reflect true base costs then the up lift?
View ArticleAnswered: JCT: SB 2016 is the contractor not providing a quotation in a...
The Contractor has 21 days in which to submit the Variation Quotation under the procedures set out in Schedule 2 of this form of Contract. It remains open for acceptance 7 days after it is sent to the...
View ArticleAnswered: NEC ECC: On FastDraft is there away in which to award the PM an...
There is not such a function on FastDraft I am afraid as we are trying to encourage people to work within the timescales of the contract. If we added loops for every type of communication to be...
View ArticleNEC ECC: Covid-19 - Whats the best way to assess the loss in Productivity due...
We were in lockdown for several weeks (in NZ) as mandated by Government. We have addressed the EOT associated with Lockdown. The demobilisation costs and remobilisation costs are reasonably simple to...
View ArticleNEC ECC: D&B - who is responsible for Stats?
NEC Design and Build contract, Contract completion date is breached due to Contractor not managing the statutory Utilities contractor effectively. Although we except this is a compensation event ,does...
View ArticleNEC ECC: What happens when submitting an impact programme the delay is shown...
As contractor under NEC3 Option A, we have submitted an impact programme with our CE quote. This programme shows the planned completion actually earlier than the previous accepted programme PC date....
View ArticleAnswered: NEC ECC: Covid-19 - Whats the best way to assess the loss in...
To assess loss of productivity you would have to rely heavily on the accepted programme and the clause 62 programme for the CE. Essentially its no different from assessing the impact of any other CE....
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