Is a ‘day’ a day?

We have recently starting using a PSC and would like to know if ‘days’ used in time periods in the PSC means calendar days or working days? Answer The PSC only uses days, as opposed to weeks, to describe time periods in two places: the dispute resolution option W2 and...

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Release of retention

We have an ECC contract incorporating options X5 (sectional completion) and X16 (retention). There are four sections defined and the retention percentage is 3%, with nil retention-free amount.  Three of the four sections are complete and in use by the employer.  At...

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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). ...

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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...

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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...

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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...

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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...

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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...

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Terminating part of the works?

We are a contractor engaged under ECC option C on a project with assets in two different locations. One of the asset location works has been stopped in its entirety under instruction for over 12 months now.  We would like to partially terminate, that is terminate only...

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Adjudication and defined cost

We have employed a contractor on an ECC option C (target contract with activity schedule). The contractor has a potential dispute from one of its subcontractors which may well go to adjudication between subcontractor and contractor.  If the subcontractor is successful...

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