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NEC ECC: Disallowed, Option A, SSCC for a compensation event

+1 vote
Just clarifying.....assuming a CE has arisen requiring the Contracts Manager to perform additional work, 10 hours of which he performs within the W/A and 20 hours of which he performs outside the W/A, and we are saying that only the 10 hours is recoverable via the SSCC, what happens to the 20 hours done outside W/A?
 Is there a mechanism to recover this?
Also before commencing the additional work a quotation would need to have been accepted which presumably included the 30 hours work so is payment based on that quotation or based on what materialises?
 Finally, where does fee come into this at all (Option A CE using SSCC)?
asked Jul 19 in NEC3 SOCC/SSOCC by anonymous  

1 Answer

+1 vote
The pure contractual solution would be for the contracts manager (CM) to do the same work inside the Working Areas (WAs) if possible. This could include adding to the WAs by, for instance, making a part of the Head Office an area of the WAs which would be used exclusively to Provide the Works.

However, more common sense approach would be something like : both Parties accept that it will take 30'ish hours of additional time and it is actually irrelevant where the work is done. Ignoring the above contractual solution, it is a bit silly that the CM has to travel to the WAs to do 20 hours of it which could (better) be done elsewhere, so just pay it, albeit as a forecast.

You ask : "Is there a mechanism to recover this ?". See above for common sense response. The pure contractual response is that costs not incurred within the Working Areas are in the Fee.

If an assessment is based on a forecast, then the compensation event is added into the activity schedule and the Contractor gets paid for it once the activity has been completed. If the description of the completed activity made no reference to the location where the work was done, the location then becomes irrelevant. I.e. you could price up the quotation on the basis that the CM does the work in the WAs, but is irrelevant for getting paid it.
answered Jul 19 by Jon Broome (21,320 points)