Answered: NEC ECC: Physical Conditions Compensation Event and 'experienced...
You are correct, but it could be influenced by the amount of pre-contract work the Contractor did. For instance, what you would expect an experienced Contractor to know could vary between : - a...
View ArticleAnswered: NEC PSC: Change in skill level of a resource
Presumably, an increased level of skill resource is because the Consultant is now being instructed to do something that was not in the original Scope. I.e. there is a change in Scope which is a...
View ArticleAnswered: Under an NEC PSC Option E do you still get paid if you go past the...
Yes ! No where in the contract does it say you are not (that I am aware of), so ask them to point to the close where it says this is the case.
View ArticleAnswered: Is the project manager entitled to deduct more advance payment...
Assuming you have Secondary Option X14 and the amount to be re-paid in instalments is stated in the Contract Data as $128,000 per month (assumed this is your assessment interval), then the Project...
View ArticleAnswered: NEC ECC: Equipment costs for delay
The time effects are assessed against clause 63.3 i.e. the Accepted Programme. This provides an incentive for the Contractor to keep it up to date both to reflect progress etc. and to keep the Employer...
View ArticlePMI needed if an NCE has been accepted?
If the Works information states a constraint that the Employer will provide something at a certain rate of supply (i.e per month or per week), however the Employer then subsequently fails to provide...
View ArticleNEC ECC: Delegation of project manager's duties
At the beginning of the contract the Employer's Project Manager named in the contract data delegated his duties to another person until the completion date of the project. Is this a change in Project...
View Articlemanagement staff costs when assessing delays
How do you assess changes in management? The contract has a site management team which changes during the project. At the start ( 1xProject Manager, 1x Site Agent, 1xWorks Manager, 1xengineer) as per...
View ArticleCan contractor claim for loss of profit under NEC3 Option B, if so, what's...
The priced contract value is turning out to be 50% more than the actual value. Quantities were overstated and the contractor mobilised based on false quantities.
View ArticleAnswered: NEC ECC: Would strike action be considered as a compensation event?
As you typed 'Force Majeure Event' in capitals, I am assuming it is a Defined Term in your conditions of contract, so a corresponding definition should be provided somewhere. Depending on this...
View ArticleAnswered: NEC ECC: Can the Contractor introduce new items to revised quotations?
I guess the answer is yes - assuming you agree that these costs would have been reasonable to have forecast as being necessary. You will now take these into account when you make your own assessment...
View ArticleNEC ECC: Management staff costs when assessing delays
How do you assess changes in management? The contract has a site management team which changes during the project. At the start ( 1xProject Manager, 1x Site Agent, 1xWorks Manager, 1xengineer) as per...
View ArticleNEC3 ECC option E - Immediate demobilisation of resources
Our contract is an option E contract with a rates schedule. The Employer issued us a Project Manager's Communication instructing us to immediately (by the next day) demobilise 50% of the work force. We...
View ArticleAnswered: NEC ECC: Management staff costs when assessing delays
First of all, can I clear up a potential area of misunderstanding which arises from your words "However the contractor has not submitted an early warning or notified a compensation event due to a...
View ArticleAnswered: NEC ECC: Can contractor claim for loss of profit under Option B, if...
In response to your headline question, the answer is 'No'. However, under clause 60.4 of option B, you can have a compensation event for reduced quantities. While on the face of it you get paid less,...
View ArticleNEC ECC: Option A - Payment for completed activity
If the duration of an activity is extended as a result of a compensation event, is payment for that activity effectively delayed until the activity is complete?
View ArticleNEC ECC: Does a Client have to declare the price/quality award criteria at...
As the incumbent supplier of professional services to a private company who, in turn, is contracted to a Roads Authority we have been asked to tender for the renewal of our services. This happens from...
View ArticleAnswered: NEC ECC: Management staff costs when assessing delays
Firstly, apologies for the long winded response, but this is not a straightforward subject !! I am assuming that this question relates specifically to an assessment of prolongation and the associated...
View ArticleNEC ECC: Cancellation of CE's
There is 3 parts to this question: Option B Contract 1.If a CE was raised up to Part 3 being received from the Contractor, how do you cancel a CE? 2. What if the CE was notified, Part 2 was issued to...
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