NEC ECC: Contractor's liability for delay due to change in specification...
It was suggested that a brick test be constructed to a similar project nearby however no date was given of when this should be complete and we assumed prior to commencement of the brickwork would...
View ArticleAnswered: NEC ECC: Contractor's liability for delay due to change in...
It looks like the last action was your submitted CEQ (which I assume included an assessment of time) was not accepted by the PM and it looks like he has made a PM's quotation assessment which you do...
View ArticleAnswered: NEC ECC: Does Contractor have to follow an instruction after...
This question has been asked previously, see link below;http://reachback.builtintelligence.com/12949/additional-instruction-completion-potential-disadvantages Notwithstanding the time issues, as...
View ArticleAnswered: NEC ECC: Ownership of the weather risk and commercial opportunity
Without details of the amendment, I cannot give a meaningful / considered comment on whether the Employer or Contractor owns the weather - or to be more precise, to what extent and which weather...
View ArticleAnswered: NEC TSC: How does Contractor go about changing a main subcontractor...
You can do this, but it would be by either : - when the Subcontractor's subcontract term finishes i.e. the the end of the 'service period'; or - via the termination procedures of the contract : this...
View ArticleAnswered: NEC ECC: Option B - Can a Compensation Event be added to the Scope...
The Project Manager can instruct a change to the 'Works Information' (under NEC3) / 'Scope' (under NEC4) and this is a compensation event under clause 60.1(1). So, how can I say this in the nicest...
View ArticleFIDIC: The Employer declare that All information relating the site, soil data...
If so, as a Contractor, shall we conduct construction work with confidence? It means Any subsequent damage caused by the incorrect info provided by the employer must be beared by the contractor?
View ArticleAnswered: NEC ECC: Is lack of information in the Works Information a...
The Works Information is provided by the Employer. If it says to 'do something' then that is what you price for in the Activity Schedule. If the 'something' subsequently changes to 'something else...
View ArticleAnswered: NEC ECC: Works Information identifies "working days" - would this...
The argument here is tenuous to say the least. In secondary Option X7: delay damages at clause X7.1 it uses the words "for each day" and not the words "for each Working Day". Therefore there's no...
View ArticleAnswered: NEC ECC: Option C - Instructing works without agreed prices.
No this is not allowed under the contract. the bit that is correct is that the works can proceed without first agreeing the quotation. However, the compensation event should be assessed as a reasonable...
View ArticleAnswered: NEC ECC: Weekend working to mitigate delay
There are two options here. Either the Contractor assesses the compensation event based upon a five day week and then sees/agrees the impact on planned Completion and thus Completion Date accordingly....
View ArticleNEC ECS: Wrongful termination by the Contractor
If a Contractor terminates the contract through the use of R11 without notifying the Sub-Contractor of any defaults, is this a wrongful termination? In addition to this, after termination, if the...
View ArticleAnswered: NEC ECC: Defects Date
The Supervisor is obliged to issue the Defects Certificate either at; - the defects date, or - the end of the last defects correction period, if a later date. Any outstanding contract administration...
View ArticleNEC ECC: Works Information identifies "working days" - would this apply to...
The NEC3 does not give a definition of 'day'; however in one contract there is a separate definition given for 'Working Day' which specifically excludes weekends and Bank Holidays. In a delay situation...
View ArticleAnswered: NEC ECS: Wrongful termination by the Contractor
Well, putting myself in the Contractor's position it would substantially help if they had informed you of how exactly you were in default / substantially failing to comply with your obligations, as you...
View ArticleNEC:ECC option A how do I assess compensation Events when the SSCC does not...
Contractor wants to extend Working Area to include factory so can assess manufactured items using SSCC method to calculate people & equipment, but it is difficult to use this method to assess...
View ArticleAnswered: NEC ECC: Employer drafting and accepting Contractors's programmes
This is not unheard of - but more common at Contractor/Subcontractor level. First question would be why have you given a job to a Contractor who has an inability to produce a programme? It is not...
View ArticleAnswered: NEC ECC: Direct fee and subcontract fee on NEC3 ECC option E contract
No, these three make up Defined Cost and are intended to avoid the need for the calculation of minutae when compensation events occur, so - the percentage adjustment for listed Equipment is normally a...
View ArticleAnswered: NEC:ECC option A how do I assess compensation Events when the SSCC...
Before any decision is made on whether to extend the Working Areas have a look at NEC3 ECC clause 15.1 which gives two reasons for not accepting a proposed addition to the Working Areas. From a purely...
View ArticleAnswered: NEC ECSC: Does the Price List form part of the Works Information...
The answer is 'No'. However, when the Price List is written by the Employer, it is not unusual for there to be a reference to the Price List from the Works Information incoporating the descriptions in...
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