NEC ECC: CECA rates for Plant hired for a Compensation Event

Contract: ECC - Option A

Issue: Plant Hired in for a compensation event rate - which one to use?

Contract Data:

Item 21: Under CD Part 2 the Contract states: The published list of Equipment is the last edition of the list published by Civil Engineering Contractors Association (C.E.C.A.)

Item 22: and then for other equipment are listed and then states if not in the listed Contract Data then to use market rates plus X%.

Situation:

A new gang is coming on to site and is mobilising an additional excavator and dumper. The appendix rates do not cover the size of machine e.g. 6 ton. First issue is that the rates listed in the data are also listed in CECA. My understanding is that CECA rates are used and then if the equipment is not in CECA rates you would list them separate in Contract Data. Then we have the final statement of if they are not listed then to use market rate plus X%.

Secondly, under CECA it specifically states in General section 4.Plant item 2 that where plant is hired in specifically for day works it is to be charged at full amount of invoice (plus the extras ins/fuel etc). So as a rule of thumb even under NEC where CECA is specified - if plant is brought in SPECIFICALLY for a CE does it then default back to actual cost rather than CECA rates?

Assuming you are using the Shorter Schedule of Cost Components then your understanding is correct, the CECA rates are used adjusted by the % in the Contract Data. Item 22 only comes into play when the Equipment is not in CECA (even when you have a rate in both). You are also correct that if you had neither rate then item 27 comes into play and open market rates are used. All of these rates would also attract the direct fee percentage on top.

Finally, again you are right, if the plant is brought in specifically for the work then you’re back on actual cost the same as in item 27.