Answered: NEC3 ECC: Time cost build up under Option C
The WAO is intended to cover the items listed in para 44 of the Schedule of Cost Components which are probably not the type of costs you are considering as head office overhead. If the office has been...
View ArticleAnswered: NEC3 ECC: Clause 63.2 Reduction of Defined Cost
1) The lack of access is a compensation event under clause 60.1(2) and can should be assessed on its own merits. If you can mitigate any costs then you should, but equally you should not be...
View ArticleNEC3 PSC Option X1 Price Adjustment for Inflation
A Client has included Option X1 in Professional Services Contract and we are due to negotiate our first anniversary increase in rate. The  chosen Index is has published these figures for the last year...
View ArticleNEC3 ECC: Is travel time between Working Areas recoverable under ECC Option C?
My company is the main contractor for a small project  located 100 miles away from our head office. In addition to the site boundary an area of our head office is classified as a Working Area for the...
View ArticleAnswered: NEC3 ECC: Opportunities to benefit the Project with bespoke change...
Without knowing the complexity of the contract it is difficult to give a clear answer however if these opportunities are reducing cost and/or Defined Cost (by mitigating his risk) then the Contractor...
View ArticleNEC3 ECC: Pay less notice under option E
I am hoping you can help with a query I have on an Option E contract. We are now nearer the end of the project for the client and the client have stated within a pay less notice "We would like to note...
View ArticleAnswered: NEC3 ECC: Option A - What are the effects of the Employer omitting...
1. Yes this will be a compensation event, and therefore the quotation should  be assessed as the cost that it would have been for the Contractor, plus any "prelim" type saving if the planned Completion...
View ArticleAnswered: NEC TSC: Are weather events Employer risk or Contractor risk?
You are correct, weather is not a CE so should be thought of as a Contractor's risk
View ArticleAnswered: NEC3 ECC: Pay less notice under option E
This is a very hard one to answer as I am pretty sure there would be more general rules stated elsewhere in the schedule you filled and quite possibly as option Z clauses. On it's own though, be aware...
View ArticleAnswered: NEC3 ECC: Is correcting defects recoverable under option A?
Under option A the Contractor is paid in accordance with completed items on their activity schedule. If they have already been paid when this item was installed, if it turns out that it is defective...
View ArticleAnswered: NEC3 PSC Option X1 Price Adjustment for Inflation
You need to look at the exact dates in your contract in order to determine the correct indices to use for price adjustment. Firstly establish the Contract Date, i.e. what date was your contract signed?...
View ArticleNEC3 ECSC: Change in a Completion Date
Under the short form, the PM has notified C of a CE due to change of WI. PM has requested quotation. I have quoted with a 1 day time delay to Completion Date, If I bring in an additional squad to carry...
View ArticleAnswered: NEC3 ECC: Is travel time between Working Areas recoverable under...
This is a difficult questions as it turns on how you interpret 11 of the SCC. One way of reading it is that you pay the proportion of salary related to time spent in the working area. The other way is...
View ArticleAnswered: JCT D&B 2011 - Is it possible for a subcontractor to claim...
The simple answer is almost certainly yes. When pricing the VO you need to take into account the circumstances in which the VO arises and how that may differ from rates used in pricing the original...
View ArticleAnswered: JCT: (Sub contractor) If the main contractor doesn't respond to a...
I am assuming that the MC has issued the final account to the SC and the SC has said that it is wrong. The next formal/contractual step will be for the SC to formally challenge the final account...
View ArticleAnswered: NEC ECC: Option A contract expiratoin
It's difficult to answer your question without a greater understanding of the circumstances you find yourself in. The reasons for termination are stated under clause 91, if you can satisfy yourself...
View ArticleAnswered: NEC ECC: Option A Priced Against A ProvidedActivity Schedule
As Neil has said - if this is a change to Works Information then this will be a compensation event and you should follow the notification/quotation/assessment/implementation processes within section 6...
View ArticleNEC3 ECC: Replacing Project Manager
Generally I've been curious as to how the NEC suite of contracts deals with replacing the Project Manager besides Clause 14.4 and insurance clause 87.1. Is the a practical scenario where by a project...
View Articleconstruction law under the JCT...
- Can a contractor base their claim (of extension of time and expense) only on the delays that were notified to the employer not on everything in retrospect? Or can the courts still take all...
View ArticleAnswered: NEC ECC: Validity of clause 62.6 when both C and PM in breach
There is not a definitive answer here, just a most likely one. However, firstly I assume that in point 9. you mean the PM does not reply within 2 weeks and 1 day of the reminder notification, not the...
View Article