Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is a free community help desk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.

5,315 questions

5,695 answers


Register its Free

Download here

NEC ECC: If an area of the Site physically changes post award of the contract who's risk is it?

0 votes
If an area of the Site physically changes post award of the contract who carries the risk? Cl. 60.1(12), 60.2 & 60.3 are all removed from the contract.
asked Mar 16 in Risk and Insurance by PM10101 (580 points)  

2 Answers

0 votes
Best answer
Unless you can't build what is in the Works Information and therefore an instruction has to be issued by the Project Manager to change it, then the Contractor takes the risk (assuming the two bullet points in clause 60.1(1) don't apply)
answered Mar 16 by Jon Broome Panel Member (59,440 points)  
selected Mar 17 by Glenn Hide
0 votes
Very clearly the intent of the Client/Employer to transfer this risk to the Contractor. By deleting these clauses the Contractor has no way of notifying this as a compensation event and therefore this would be their (Contractor) risk.

The Contractor has to carefully read Z clauses at tender stage to understand what risk transfer they are doing - and decide if you wish to withdraw, price risk accordingly or exclude that amendment from the price (which may or may not make their bid non-compliant and discarded)
answered Mar 16 by Glenn Hide Panel Member (76,970 points)  
If a bidder prices a risk accordingly (e.g: everything below ground level, UXO, Hot Spots, Contamination, Tunnels), however the site information cannot define this to be 100%  correct, would this not be an estimate by the bidder (provisional fee) , which NEC trys to avoid?
It might be an estimate but it is an estimate of the Contractors risk - and if they underestimate it they would not be able to claim it as a compensation event if the contract has been amended to make it their risk. It is not a "provisional fee" as you call it - no such thing within NEC.