NEC ECC: Can I retract a programme under option A
The client have not provided the design on time and the project is delayed by 1 year. The contract completion date has passed and the client has provided new dates that are can only be met if we incur...
View ArticleAnswered: NEC ECC: Option C - Effect of Penalty / Incentive on Target Cost
You don't state what mechanism is being used to assess and apply the 'penalty / incentive' regime, which I assume is based upon an amended Secondary Option X20 (Key Performance Indicators). Assuming...
View ArticleAnswered: NEC ECC: Reject forecast of defined cost?
What piece of paper this is submitted on is irrelevant. As long as it complies with 13.1 and 13.7 (i.e. in writing and separate) then there is nothing to reject here. Anyway, under NEC3 and the ECC,...
View ArticleAnswered: NEC ECC: Is a PMI always a Compensation Event?
No a PMI is not a compensation event in its own right. If a Project Manager is instructing something that they know IS a compensation event, then at the time of giving the instruction they should state...
View ArticleAnswered: NEC ECC: Can I retract a programme under option A
The 'client' (Employer) not providing the design on time (as shown in the Accepted Programme) is a compensation event under clause 60.1 (3). This would entitle you to submit a quotation and a...
View ArticleNEC ECC: Can history be removed from the programme?
The Contractor have a option E contract with the Project Manager. the Project Manager requested the Contractor to remove the historical scope from the programme. i cant seem to find anything in the...
View ArticleNEC ECC: Removing clauses from Specification for Highway Works (MCDHW 1)
"Volume 2 , Works Information, 3 Series & Appendices, Appendix 0/3: LIST OF NUMBERED CLAUSES AND APPENDICES REFFERED TO IN THE SPECIFICATION AND INCUDED IN THE CONTRACT". The client has " Not...
View ArticleNEC3 ECC: Can the Employer terminate for budget cuts?
You are the Project Manager on the construction of a new asset. The tendered total of the Prices was approximately £10m, ECC Option A was used with secondary Options X1, X2 and Y(UK)2 incorporated. The...
View ArticleAnswered: NEC ECC: Can history be removed from the programme?
By historical scope do you mean the first bullet of clause 32.1, the actual progress achieved on each operation and its effect upon the timing of the remaining work . If so you should ask the PM why it...
View ArticleNEC ECC: Project Manager instructs a change to the Works Information
On an asset refurbishment contract under the ECC using Option A, the Project Manager instructs a change to the Works Information. The change is for some additional works. These works are likely to be...
View ArticleAnswered: NEC ECC: Can history be removed from the programme?
This is a very strange request. You need to ask the Project Manager what they are looking to achieve by doing this. Historical as-built information will change nothing in the programme going forward....
View ArticleNEC ECC: A small area of new pavement construction has settled and is...
A small area of new pavement construction has settled and is beginning to crack. This occurs before Completion of the works in an ECC Option A Employer-designed contract. a. What do the Supervisor and...
View ArticleNEC ECC: Project Manager instructs the Contractor to stop work on a part of...
On an ECC Option C Employer-designed contract, the Project Manager instructs the Contractor to stop work on a part of the works as, following instructions from the Employer, the Employer's designer is...
View ArticleNEC ECC: Disallowed, Option A, SSCC for a compensation event
Just clarifying.....assuming a CE has arisen requiring the Contracts Manager to perform additional work, 10 hours of which he performs within the W/A and 20 hours of which he performs outside the W/A,...
View ArticleNEC ECC: Assessing a rainfall 1 in 10 weather event
When the Project Manager assesses the compensation event due to rainfall, do they give only the number of days with rain above the 10 year average or consideration is given to the follow on days where...
View ArticleNEC ECC: Consequences of Contractor design errors
The Contractor has discovered a design error in so far as some hand railing he has manufactured will not fit into an enclosed hoist which is fixed to the outside of an existing building thereby...
View ArticleAnswered: NEC ECC: Using CECA rates for plant equipment.
I assume that this relates to a compensation event quotation and the use of Equipment, whereby you have stated the use of CECA rates in Contract Data Part 2, with a corresponding percentage adjustment....
View ArticleAnswered: NEC ECC: When is a defined cost a defined cost
This seems similar to a previous, recent question, although highlights the need for compliant contract administration, which is effectively what clause 10.1 is requiring you to do anyway. Not wanting...
View ArticleAnswered: NEC ECC: Removing clauses from Specification for Highway Works...
This question seems to relate more to the Specification for Highways Works than it does to the NEC3. However, as a SHW user, and while it is difficult to comment fully without seeing your Works...
View ArticleAnswered: NEC ECC: Contractor submitted a programme requesting several weeks...
This is why there is a contractual requirement to show a "planned Completion" and a "Completion Date" milestone separately. The Contractor shows where they plan to finish, compared to contractually...
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