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Transforming lives together

02/08/2022

What is an identified term NEC?

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  • What is an identified term NEC?
  • Who defines the working areas NEC?
  • What are NEC core clauses?
  • What is working area overhead NEC?
  • Can the project manager and supervisor be the same person NEC?
  • What is the difference between NEC and FIDIC?
  • What are defined costs under NEC3?
  • What is the difference between NEC option A and C?

What is an identified term NEC?

A defined term used in the ECC and other NEC3 or NEC4 contracts to give the parties a definition of Contractor’s cost for different use in different main Options. They only include the amounts calculated using rates and percentages in the Contract Data and other amounts at open market/ tendered /discounted rates.

Who defines the working areas NEC?

Working Areas – The ‘site boundaries’ will be defined within the Contract Data Part 2, these comprise of locations provided by ‘The Employer’ for the works.

Who is Employer in NEC contract?

The NEC is a bi-party contract with strong interaction between the defined roles. The Employer is defined as an organisation and not an individual.

What are NEC core clauses?

Core clauses are referred to in the New Engineering Contract (NEC) suite of documents. These are standard forms of construction contracts published by the Institution of Civil Engineers (ICE) and form the basis for many major construction projects in the UK and overseas.

What is working area overhead NEC?

Working Areas overhead percentage. A charge for overhead costs incurred within the Working Areas calculated by applying the percentage for Working Areas overheads stated in the Contract Data to the total of people items 11, 12, 13 and 14.

What is the working area NEC?

The working areas can be stipulated by the Contractor, but under clause 11.2(18) the working areas will be only those parts of the working areas necessary for providing the works and used only for work in the contract, that said it is critical that the Contractor defines the working areas to include not only the actual …

Can the project manager and supervisor be the same person NEC?

Both supervisor and project manager are appointed by the employer using either its own staff or appointing others to carry out the roles. On a small contract the same individual could be both supervisor and project manager.

What is the difference between NEC and FIDIC?

FIDIC contracts make provision for arbitration as the final dispute resolution method, while the NEC prescribes litigation as the final method. In addition, FIDIC contains a provision for adjudication, while NEC renders adjudication compulsory, and has a separate adjudicator’s contract.

What is the difference between NEC3 and NEC4 contracts?

The NEC3 clause required the contractor to inform the Project Manager of an illegal requirement whereas in NEC4 the Contractor “does not do a Corrupt Act” and there is now the option to terminate in the event a Corrupt Act is carried out.

What are defined costs under NEC3?

Broadly speaking, Defined Costs are the actual costs incurred by the Contractor on the Works minus retention and any costs which would fall within the overheads covered in the Fee. From those are deducted “Disallowed Costs”.

What is the difference between NEC option A and C?

Under Option A, the crunch point is at the beginning and achieving an appropriate Activity Schedule breakdown whereas, under Option C, it is a month on month direct demonstration of cost to enable interim payment.

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