Answered: NEC3 ECC: No signs of Completion - what can the Employer do?
Start by raising an early warning and holding a risk reduction meeting to share concerns and see what measures can/should be put into place to minimize further delay. You should remind the Contractor...
View ArticleAnswered: NEC3 ECC: NCE impact measured from time of NCE notification or time...
Certainly not from the point at which the early warning was raised. The early warning was raised when this MIGHT be an issue. As soon as it WAS an issue that should have been notified separately as a...
View ArticleAnswered: NEC3 ECC: Time frame for assessing Compensation Events when...
Project Manager should respond to your quotation (or additional information) within two weeks. If they fail to do so you can/should notify them of this lack of response. A further two weeks later with...
View ArticleAnswered: NEC3 ECC: Can redesign costs be disallowed for design non compliant...
Under option C the only things you can disallow are costs that state specifically you can disallow. Otherwise any such cost would be shared under the option C mechanism i.e. you wont change the target...
View ArticleNEC3 ECC: Omitted some areas of work to save time and money
The client has omitted some areas of work to save time and money. The main Contractor has confirmed the saving on the omissions but is claiming loss of profit on the omitted items. The reasons for the...
View ArticleAnswered: NEC3 ECC: Option B - Bill rates or compensation event?
Without wishing to sound too pedantic I think the wording of the question is slightly confused. If the revised drawings are a change to the Works Information then this would be assessed as a...
View ArticleAnswered: NEC3 ECC: T&S costs relative to the SCC
You can disallow any costs that are dis-allowable. Firstly I suggest you should raise an early warning about their unhealthy lifestyle (coffee and burger king). On a more serious point - I would ask...
View ArticleAnswered: NEC3 ECC: What is the usual level of insurance where X18 is in the...
Whilst there is a link between the levels of insurance set out in the contract data and also the entries in X18, there is not a generic answer to this question. I'd suggest that you consider the...
View ArticleNEC3 ECC: The PM has insisted on a specific supplier for an item affected by...
The Pricing information from the client refers to a specific supplier for a boiler. The boiler is supplied by a continental company and no alternative will be accepted by the Project Manager. Due to...
View ArticleNEC3 ECC: PMI to Proceed With The Works
NEC Option A – Design and Build Basis The Employers PM has raised a PMI under Clause 61.1 to make a fundamental design change to the WI, with the wording of “proceed with the works” The instruction...
View ArticleNEC3 ECSC: Can I modify to an ECC?
Was any consideration given to the ECSC having a reimbursable option? Much of the work my company do is under a framework and needs to be responsive to emergency works. Having agreed levels of fee and...
View ArticleNEC3 ECC: Termination for convenience
The Contract has a 'Z' clause titled Termination for Convenience which states "The Employer may terminate the contract at any time for a reason not stated in the Contract (Termination for Convenience)...
View ArticleNEC3 ECC: Termination but retain Subcontractors Equipment
I wish to terminate with my main Contractor but complete the works using their current subcontractor and the subcontractors Equipment. Is this possible under NEC3.
View ArticleAnswered: NEC3 ECC: How is Time Risk Allowance Progressed
Gordan - you progress the programme as normal, and if the item that has not needed the TRA is on the critical path the planned Completion will come forward - in your example by five days. This will...
View ArticleAnswered: NEC3 ECC: The PM has insisted on a specific supplier for an item...
Clause 55.1 in the ECC states "Information in the Bill of Quantities is not Works Information or Site Information". Therefore if the name of the supplier is only stated in the BoQ and not in WI then...
View ArticleAnswered: NEC3 ECC: Notifications are communicated separately. What about...
I would say that it is quite a good idea although not necessarily strictly a contractual requirement to do so. You cant deny every communication that is not communicated separately but certainly...
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