Damage caused during a search

Using ECC, I understand that if the supervisor asks the contractor to search for a defect and no defect is found, then a compensation event arises. Conversely, if a defect is found, the contractor remedies this at its own cost (depending on the main option chosen). ...

Does the defects date change?

We are using the NEC3 Engineering and Construction Contract (ECC) option A (priced contract with activity schedule) on a develop-and-construct project. If an instruction for additional works is given after the completion date, and the instruction changes the works...

Revising quotations for compensation events

We are the contractor under an ECC option C contract. We are submitting quotations to the project manager for compensation events.  In some cases, after we have submitted our quotation but before we have received a response from the project manager, we have found that...

Accepting quotations in a timely manner

We are the contractor under an ECC option C (target contact with activity schedule). We have submitted a number of quotations to the project manager and we have agreed to relax the response period for the project manager to accept our quotations.  We have a number of...

What is a subcontractor?

We are using the ECC and in relation to clause 11.2(17) are trying to understand the cut-off between labour-only operatives and subcontractors. Where is the line drawn? Answer What you have to look at is the contract between the contractor and subcontractor. If it...

Assessing the amount due

We have an NEC3 Engineering and Construction Contract (ECC) option A (priced contract with activity schedule) that incorporates secondary option clauses X7 delay damages and X16 retention. When assessing the amount due, should the project manager deduct retention...