11d - Completion is a defined term at clause 11.2(1) so in deciding if the Contractor has achieved it or not the Employer applies the contractual test: “Comp...
Nov '20 - Terminal float is the difference between planned Completion and Completion Date on the Contractors programme. Let’s say that planned Completion was two...
Nov '20 - We are Working under Nec4 option A. The client has requested that we work weekends to meet a intermediate within the programme. This is not not a key d...
Nov '20 - Simsai, the rule in clause 13.7 applies to any clause that requires someone to notify; the rule in clause 13.4 applies to any clause that requires reas...
Nov '20 - Hi, you need to be careful here because there are 2 different matters. 1 Is planned Completion, the date by which the Contractor forecasts it will achi...
Sep '20 - The statement in CD Part 1 ‘the Employer is not willing to take over the works before the Completion Date’ essentially relates to the Employer not will...
Jul '20 - Acceleration is bringing forward Completion Date to meet an earlier date. The Contractor can instruct a quote but then can not make their own assessmen...
Jul '20 - Thanks Glenn.
Jul '20 - In October 2017 the NEC issued guidance around what they meant with their amended NEC4 clause 63.5, and then finally in 2019 version of NEC4 they have...
Jul '20 - Adding to Glenn’s answer… The assessment of value of a CE is not necessarily directly linked to the assessment of time. They actually serve different p...
Jun '20 - What is the consequence/risk if the Contractor decides the date of Completion (for a subcontractor) but does not certify Completion within one week of...
May '20 - Neil, you comment that failure on the PM’s part to instruct under Cl. 19 doesn’t stop the Contractor notifying under 61.3 of a 60.1(19) CE. Given that...
May '20 - You are correct in looking at clause 80.1, however it is the first main bullet that you should be looking it as this concerns ‘claimed, proceedings, co...
May '20 - In relation to a compensation event under as subcontract option A being claimed as part of defined cost for the main contractor under Option C under cl...
May '20 - We have a client that has deleted Clause 31 from the contract. However, most (if not all) other references have been left in place (including Clause 32...
May '20 - We are the main contractor working on the NEC3 2005 Option A contract. We have had a fully cost-loaded baseline programme accepted by the PM, which wil...
Apr '20 - Yes - under NEC4 where they have given it a name which is “the dividing date” you take into account progress up until the “dividing date”. This is the...
Apr '20 - Scenario The Contractor Delays the project by 4 weeks (the Planned Completion moves 4 weeks, the Completion date stays the same, the PC is therefore 4...
Mar '20 - Hi we are debate this point with the unamended prevention clauses at the webinar below. i am not sure its as clear cut as Jon has suggested (with an un...
Mar '20 - There is a very clear contractual answer to this which is covered in clause 14.1. Acceptance does not change the liability for the Subcontractor to com...
Mar '20 - Following on from you response, am I correct then in saying that if the PM accepts a programme (cl32) with a planned completion 1 week after the Completi...
Mar '20 - Not quite sure what you are asking in your question. Completion Date moves the same amount as Planned Completion moved due to the compensation event. I...
Mar '20 - It all depends on the “data date” of the programme, i.e. the date they have rescheduled the programme to. If they have issued the programme on the 11th...
Mar '20 - Whilst your quotation for acceleration will take account of the impact of it on your works and programme, from a commercial point of view it’s treated...
Feb '20 - (Replace this first paragraph with a brief description of your new category. This guidance will appear in the category selection area, so try to keep i...
Feb '20 - Contractor’s programme for acceptance contains negative float. Project Manager has rejected the programme on the basis that as it contains negative flo...
Feb '20 - NEC ECC Option A: Subcontractor misses a key date. General damages are at large and I & CL excluded. Subcontractor had access to main contract for insp...
Feb '20 - Question is relating to the time associated with instructions; NEC3 Opt A The project is a swimming pool refurbishment, an existing redundant pipe is b...
Feb '20 - Absolutely - exactly what that clause is there for. The Contractor then has to submit a revised programme within the period of reply for acceptance cor...
Feb '20 - The Contractors 1st programme shows a few “no work days for the main gang” items as their subcontractor needs the space. The Contractor then programmes...
Feb '20 - Nec 3: Option A: when accepting a quotation for acceleration the contract allows amendment of the prices, completion date and key dates, as given in cl...
Jan '20 - An additional element to cover in your question is the fact they are waiting to see the full effect of a CE before issuing it. That is not contractuall...
Jan '20 - Q1Assuming the work will be done after the contract date and assuming you are not changing the definition of the Price for Work Done to Date for the wo...
Jan '20 - Firstly, the programme does not trump the contract, so if the Contractor has put a date on the programme by which he requires access to a particular pa...
Jan '20 - Couple of points here: NEC does not use the language “extension of time”. Each and every compensation event has to be considered in terms of time impac...
Dec '19 - NEC3 ECC, option A contract. If the Project Manager instructs a revised programme to be submitted under Cl. 32.2, how can the contractor recover the co...
Nov '19 - The Project Manager, when assessing compensation events, has referred to the switch date from actual and forecast costs for a compensation event under...
Nov '19 - No of course not. By accepting a programme (under NEC3 OR 4) where planned completion is three weeks beyond the Completion Date - you are accepting tha...
Nov '19 - I think this has been answered elsewhere but there is no such thing as a “target programme”. There is the latest Accepted Programme - which should refl...
Oct '19 - No PMI is a compensation event unless there is a reason to notify it as one under clause 60.1. Several instructions will never give rise to a compensat...
Oct '19 - If all of the activities and milestones were logic linked correctly then the programme should have given you that answer. Given that a Key Date is with...
Aug '19 - Can a PM instruction under Cl. 34.1 be given which relates to a specific area or element of work? I get that this is somewhat basic but just wanted to...
Aug '19 - Firstly, I have no idea what you mean by “the nutshell answer” ! Assuming this is for original work, as the Contractor owns both the TRA and terminal f...
Aug '19 - Unless there are either a number of access dates giving access to different parts of the building, your interpretation is correct. However, there may b...
Aug '19 - Clause X22.3 (2) states that the Contractor’s submission includes the Contractor’s forecast of the effect of the design proposal on… the Accepted Progr...
Aug '19 - A compensation event was notified in May, but due to getting authorisation etc… it will not be started until August. Our last accepted programme was in...
Jul '19 - Working under NEC4 we are suffering on-going delays to access dates and fragmentation of work areas. These are pushing weather sensitive activities int...
Jul '19 - Jon, I suggest that you should discuss the matter with the PM and agree which is the preferred solution. I suspect the PM may request 2 quotes, unmitig...
Jul '19 - Identified and defined terms 11.2 (4) The Contract Date is the date when this contract came into existence. is this the date when both parties have sig...
Jul '19 - It looks like you are referring to the NEC ECS (Contractor accepting CEs) but the comments apply to both the ECS and ECC forms. Firstly as access is st...
Jul '19 - Difficult one to answer. The contract does not specifically dictate what is a reasonable level of detail - it just says you have to show the order and...
Jun '19 - The sanction within the contract is in clauses 64.1 and 64.2 whereby the Project Manager has a contractual obligation to start assessing compensation e...
May '19 - Scenario under NEC PSC: Consultant has been delayed in delivering design package by three weeks. Root cause of delay is a simple failure to timeously t...
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