Answered: NEC ECC: Design and build project
I am assuming from what you have said that clauses 60.1 (12) and 60.2 (and possibly 60.3) have been deleted from the conditions of contract. This being the case then any matter which would normally be...
View ArticleFailure to Manage design - CE clause
NEC3 Option A - Build Only project The Client has full responsibility for design management, with the exception (of course) of as-built drawings. However, the drawings being issued were essentially...
View ArticleAnswered: NEC ECC: Option B - Compensation Event: Change of Rates
I would suggest that the benching detail is part of the Contractor’s design solution (to restrict the settlement) and therefore is not a CE in accordance with 60.1(1) which directs"The following are...
View ArticleAnswered: NEC ECS: Access Date windows, Key Dates and additional prelims
I have assumed that there are no Z clause directing how to interpret the “window”. In respect of the anomaly between the (Subcontract) WI and the Subcontract Data there is no set precedent. Arguably,...
View ArticlePM Assessment unlinks activities on critical path which are not dependant on...
In the case where there is a sectional completion, an activity within the section is linked on the critical path to another activity outside of the sectional completion which it are not dependent on...
View ArticleFIDIC: Performance guarantee extension?
Can an employer ask Contractor for re-validation of his Performance Guarantee for very long periods of time extension (say 5 additional years whereas original period of completion was just 2 years) at...
View ArticleAnswered: NEC ECC: Failure to Manage design - CE clause
To be honest it sounds as though you are very late in the day deciding if all this globally is grounds for an NCE at this stage - it sounds like there should have been NUMEROUS compensation events to...
View ArticleAnswered: NEC ECC: PMI issued in relation to change to Works Information but...
Yes you are obliged to follow the instruction, but if you believe this event to be a compensation event then you can notify that fact explaining why you strongly believe it is one (knowing you know...
View ArticleAnswered: NEC ECC: Can the PM refuse to place an indices into CD1 after the...
The PM does not have the right to do anything about this - you're talking about an amendment to the contract between yourselves and the Employer which has to comply with clause 12.3 i.e. be agreed,...
View ArticleAnswered: Must the answers to Tender Clarification questions (pre-tender) be...
The answer is 'No' they do not as there is an entire agreement clause in the contract (see clause 12.4 in NEC3 ECC). However, if the contract is unclear - and AFTER other principles for the...
View ArticleAnswered: NEC ECC: Delay Damages - Subcontractors - Is it a Defined Cost?
You are correct, the supply chain partner under a PSC is a Subcontractor as far as the ECC is concerned which means that under clause 11.2(23) you are paid "the amount of payments due to Subcontractors...
View ArticleNEC ECS: Including the Contractor's WI into a Subcontract
Within an ECS the Contractor has included its own Works Information from the ECC into the Subcontract Works Information by reference to the relevant document. This Works Information only includes...
View ArticleNEC3 ECSC and ECSS: Does a communication have to be separate under the Short...
Most are well aware of the obligation under Clause 13.7 of the NEC3 ECC form that a notification that the subcontract requires is to be communicated separate from other communications. This matter has...
View ArticleAnswered: NEC3 ECSC and ECSS: Does a communication have to be separate under...
To my knowledge, this has never been tested, but as there is not the specific provision that any type of communication has to be communicated separately, it would be highly unlikely that a court would...
View ArticleAnswered: NEC ECS: Including the Contractor's WI into a Subcontract
I assume that the Contractor has cut & pasted the relevant bits of the Works Information that he wants the Subcontractor to do, rather than cut & pasted the whole of the main contract Works...
View ArticleAnswered: NEC ECSC: How quick does Employer have to assess a CE?
You are correct, there is no defined timescale in the ECSC for the Employer to assess the compensation event and there is no restriction as you suggest. From a payment point of view the compensation...
View ArticleAnswered: NEC ECC: Clarification of question on termination and liability for...
This is correct. Although your original question didn't state it I assumed that the works are complete and that you have a completion certificate from the PM that triggered the start of the 52 week...
View ArticleNEC ECC: Could prelims be included in the calculation of the amount included...
Being as the Contractor's prelims are costs incurred by the Employer if the project overruns, I wondered whether anyone has seen them be included in the calculation of the daily cost for Delay Damages.
View ArticleNEC ECC: Option B rates or Defined Cost for CE with a difference
We are currently on a Framework Agreement using an amended ECCC Op B and a schedule of cost components for People, Equipment etc to value change. At Tender stage it was agreed that for CE's we would...
View ArticleAnswered: NEC ECC: Could prelims be included in the calculation of the amount...
I have not seen them included in a delay damages calculation but in theory you could. One problem would be making a calculation in the absence of any tendered information although there is plenty of...
View Article