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.

5,201 questions

5,563 answers

1,215 comments

Register its Free

Download here

NEC ECC: Would it be a CE if the employer had excluded bullet point 3 of section 9 in their amendments?

0 votes
29 views
Other than some preliminary site investigation (trial holes) the scheme never got underway, and after several months the employer decided to cancel for reason 5, however, clause 92.1 bullet point 3 is amended in the schedule of amnedments to "not used"

As such, I thought that there is no contractual mechanism (as it has been removed) to deal with reason 5, therefore it should be a CE?
related to an answer for: NEC3 Short contract termination
asked 4 days ago in Termination by mattbristol (120 points)  
It looks to me that you are talking about the ECSC and not the ECC. in which case reason 5 is for a termination for any other reason. The third bullet point of 92.1 is for sums retained by the Employer that should be paid on termination. if the third bullet point has been removed and the contract was signed then, as far as I can tell, the Contractor would not be entitled to these costs. Furthermore, clause 90 lists the reasons and clause 92 lists what is to be paid in relation to a reason. I do not see how amending a payment that is to be made would remove the ability to use a reason listed in clause 90.

In terms of it being a CE, I struggle to see which of the 14 CE's it could come under. the closest being 60.1(12) however, this cannot be used as the third bullet point states it should be an event that neither party could prevent.

Please log in or register to answer this question.