Currently tendering for a project which is to be provided under NEC3 ECC Option B. The works are car park upgrades with no SI provided. The client has deleted the following clauses which are causing concern with our bid. 10.1 , 19.1, 60.1(12), 60.1(13), 60.3, 60.4, 60.5 & 60.6
I looking for advice on the implications of the removal of these clauses particularly 60.3, 60.4, 60.5 & 60.6 does this mean the contract is not re-measurable ?
What benefit is does this give the client removing these clauses ?
No, it does not. Essentially it means that whatever quantities of work are found are paid on a quantity x rate basis, REGARDLESS of :
- physical conditions found (as 60.1(12) deleted);
- of weather encountered (as 60.1(13) deleted);
- of amount of quantity change (as 60.4 deleted);
- whether the change in quantities is on the critical path (as 60.5 deleted);
- errors both with the BoQ and between it and different documents (as 60.6 deleted).
So I question why you want to enter into a contract with the risk skewed this way. I would check the quantities very carefully and, as there is no Site Information to determine the ground conditions, be very sure of what might be in the ground.
As an ‘aside’, deletion of clause 10.1 in its entirety renders the contract inoperable as there is no general statement that you have to act in accordance with it !
Main Option A would have been more appropriate than B considering the risk is being put back on the Contractor. Not sure why the Employer intends to use an NEC form at all in this instance. With such an approach the FIDIC Silver Book would have been more suitable.