Replacing sentences
Instead of Z clauses, can you remove and replace core clause sentences? Answer You can indeed, but what would you call this and how would you make sure such changes were properly incorporated into the contract? By pointing to the Z clauses in contract data part one...
Ambiguities and the project manager
If there is an ambiguity and the project manager has to make a decision to correct it, how can the project manager decide whether it constitutes a compensation event under the ECC? Does the project manager automatically have to take the position that the contractor...
What is an experienced contractor?
In the NEC3 Engineering and Construction Contract (ECC) clause 60.1(19), bullet point four, the phrase ‘an experienced’ is being subjectively applied by some project managers. Are there any suggestions on dealing with this? Answer This particular clause would only...
Dealing with disallowed cost question
We are using an ECC option C (target contract with activity schedule). The contractor has chosen to subcontract some of the work, but neither the project manager nor the contractor followed the procedures set out in clause 26 regarding approval and agreement of...
Revisiting compensation events
We are using the NEC3 Engineering and Construction Contract (ECC) main option A (priced contract with activity schedule). We appreciate that compensation events are assessed individually. As we work through the contract though, if there is a later compensation event...
Contractor’s share payment timings
We are using ECC option C on a project. Can you explain the mechanism for payment when a project is in a ‘pain’ situation. When do any pain payments to the contractor start for example, and a worked example would be useful? Answer The timescales for making this...
Retaining monies when programme not accepted
On an ECC contract we have an initial programme, however we have since had compensation events for which we believe we have not received adequate particulars covering additional cost or programme alterations. The latest revised programme purely shows a period of time...
Assessing the impact of compensation events
In assessing the impact of a compensation event upon planned completion, the ECC states the latest programme is to be used. How do we work out what is the date of the latest programmes? Is it the date when the contractor became aware of the vent itself, or the date...
Preparing quotations for compensation events
We are using NEC3 Engineering and Construction Contract (ECC) main option A (priced contract with activity schedule). The contract specifically prevents the contractor recovering the cost of preparing quotations for compensation events. What does preparing quotations...
Calculating the final amount
We are engaged as project manager on an ECC option C project where the contractor has failed to provide its final account. Completion was achieved a while ago. DO we have to provide any notice before we make a project manager’s assessment for the final amount? Answer...