Can you move the completion date to an earlier date?
On an ECC project, if we have had compensation events that have moved the completion date out from the original completion date and then we later omit works that cause planned completion to move back, how is this to be assessed in terms of time and money? Answer ECC...
Acceleration
We are using the NEC3 Engineering and Construction Contract (ECC) option A (priced contract with activity schedule). As project manager, we are close to accepting a quotation for acceleration under clause 36. How will we assess the monthly assessments to include the...
What has completion to do with the completion date?
It is a requirement under the NEC3 Engineering and Construction Short Contract (ECSC) that completion is when all works have been completed in accordance with the works information and are free from any defects which would prevent the employer from using the works and...
Recourse for a poor estimate
We are involved in a contract where the contractor has been appointed on an ECC option E (cost reimbursable contract). The contractor provided an estimate of costs which was incorporated into the contract, but it has become evident that the contractor’s initial...
Forecasting the price for work done to date
We are using ECC option C (target contract with activity schedule). ECC, clause 11.2(29) states the price for work done to date is the total defined cost which the project manager forecasts will have been paid by the contractor before the next assessment date, plus...
When is a subcontractor not a subcontractor?
In our NEC3 Engineering and Construction Contract (ECC) using option C (target contract with activity schedule), the contractor has a plant hire agreement for the provision of certain mechanical plant (which is of course ‘Equipment’) and different fees arise for...
Using the activity schedule to assess compensation events
I am the project manager on a project using ECC option A. We are in the process of agreeing the quotation for a compensation event to delete items of work from the contract. The items have prices in the activity schedule. Why would the quotation not be simply the...
Changing decisions on rejected compensation events
We have a compensation event time bar query. The contactor has notified a number of compensation events within the 8 week time bar stipulated within the ECC. Some of these have been rejected as they were deemed to not be compensation events given the information...
Reviewing contractor design
We understand the ECC stipulates a period of 3 weeks for the review of fabrication drawings arising from a contractor-designed portion. As project manager we would interpret this to mean that a particular drawing revision should be reviewed with 3 weeks. However,...
Deciding the retention free amount
In using ECC with option X16 retention, can you advise on how the retention free amount is calculated? Answer The contract term ‘retention free amount’ is in italics. That means it is an identified term (see clause 11.1) and the amount is therefore identified in the...