Answered: NEC ECC: SCC- Item 44
Under NEC2 this category was 'hand tools and hand held power tools' although was changed under NEC3 to 'hand tools not powered by compressed air'. Essentially this category relates to the portability...
View ArticleNEC3 Option B - Defined Cost for BoQ rates
There are two items for the disposal of soil in the BoQ. 1 - Acceptable material 2 - Unacceptable material. The BoQ mainly quantifies all the material as unacceptable however this was tendered at an...
View ArticleAnswered: NEC ECC: What clause in the Option A can be used in an Early Warning
I think in this instance although it is an event that WILL happen I would notify an early warning so you can highlight the issue and discuss in a meeting what they want to do about it. Alternatively...
View ArticleAnswered: NEC ECC: Dates in Contract Data vs Programme
First thing to say is programme does not supersede contract data. I think the programme included is frankly a bit of a red herring. What should have happened is that when the contract was signed - the...
View ArticleAnswered: NEC ECS :X7 Delay Damages against X18 Limitation on Liability
With damages set at £0 per day for late Completion, the main Contractor has no right to deduct damages if you are late overall. Likewise, if X5 foe sectional Completion was specified. The other...
View ArticleAnswered: NEC PSC: Who pays for preparing a quotation?
Under option E, you are paying Defined Costs, so if the Consultant is incurring additional Defined Costs in providing a forecast - for that is all it is under option E - you pay those Defined Costs....
View ArticleAnswered: General contract question: can application be submitted anyway?
Yes, the Subcontractor can submit one. Yes, it POTENTIALLY becomes the default payment notice.
View ArticleAnswered: NEC ECC: Can someone advise on the Co-Ordination of Separate NEC...
You have already identified the main element which is to set Key Dates within Contractor 1 contract to allow Contractor 2 through equivalent access dates to then programme their elements of work...
View ArticleAnswered: NEC ECS :X7 Delay Damages against X18 Limitation on Liability
Just to add one simple line to Jon’s very good answer just to make it absolutely clear to other readers of this question. X18 is not an alternative to X7. If you don’t have X7, it does not mean that...
View ArticleAnswered: WI hard-copy drawing references another drawing which has not been...
I would say 'Yes' on the same basis that standard specifications are often referenced from the 'pack' given to the tendering contractors without the need to specifically forward them to the tendering...
View ArticleAnswered: NEC ECC: Is there an average / typical direct fee % for Option A
There is no standard percentage - it depends on your business, the type of work you do but the TYPICAL range would be anywhere between 6-14% but there may be reasons or type of work that may attract a...
View ArticleNEC ECS: Defined cost and Compensation events
I have come across a situation where the subcontractor claims defined cost and the compensation event for the loss of shift. It is based on Option C defined cost mechanism with a Pain/Gain option....
View ArticleNEC ECS :X7 Delay Damages against X18 Limitation on Liability
We are a sub-contractor under NEC3 ECS Option A which includes Clause X7 and X18. Clause X7 states that delay damages are £0 per day. Clause X18 states that the liability for indirect and consequential...
View ArticleAnswered: NEC ECS: Defined cost and Compensation events
If the reason for the TM issues are not the Subcontractors fault and is a reason for being a compensation event then yes the extra day will be assessed in terms of the Defined Cost incurred and the...
View ArticleAnswered: NEC3 ECS: Option A Sub Contract Data Part 2 value differs from...
Sorry Anthony, all the references in the contract refer to the Prices and sums in the Activity Schedule. The only reference in the contract to the tendered total of the Prices is the one you cite....
View ArticleAnswered: NEC ECC: Option A labour rates
I would turn this question around : what right do they have to challenge the rates you have put forward for direct labour ? If you have built up the rates in accordance with the Shorter Schedule of...
View ArticleAnswered: NEC ECC: People rates for Sub-contracted work
Yes. (The computer says I have at least 12 characters to answer this, which I do now)
View ArticleAnswered: NEC ECC: Changes in staff levels under option C
The answer is 'No', you don't have to get their approval for either. For the first, there is no such provision in the contract and for the second, it is not one of the listed reasons for disallowing...
View ArticleFIDIC: 3.1 Engineer's duties and Authority
Kindly I would like more Explanation about this clause:"However,Whenever the Engineer exercises a specified authority ........The Employer shall be deemed to have given approval. (d) any act by the...
View ArticleAnswered: NEC ECC: Direct Fee or Subcontract Fee Option A/B
This question has previously been answered by Barry Trebes and can be found via the following link;https://reachback.builtintelligence.com/11616/nec3-ecc-how-to-apply-subcontract-fee-percentages
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