NEC ECC: Method of measurement and payment under Option A and C?

NEC3 and NEC4 Contracts Z clauses
1

To clarify further, my inquiry is in regard to the testing of material, and specifically the timely receipt of test certificates.

The item is clear when using Option B and D as the Method of Measurement for Highway works has a detailed ‘Item Coverage’ of what is included for each item of work (and testing is included here). Presumably the ‘Item’ is not ‘complete’ until evidence of the appropriate testing has been received by the Supervisor. The withholding of money can obviously encourage timely testing and reporting.to the Supervisor.

I’m not clear how testing is linked to a work activity under Option A and C, as opposed to being dealt with as a separate entity of work. i.e. the cost of testing (say concrete) is included when using a Bill of Quantity under the Method of Measurement for Highway Works, but isn’t linked so clearly under an Option A or C.

Basically, I don’t want to pay for the material (say Concrete) until I’ve received the appropriate test certificates.

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2

I am not an expert or that knowledgable on Methods of Measurement, but from what you say, it seems to be that you would have had to have added a Z clause in to say that completion of an activity or BoQ item includes testing and supply of certificates.

This does not appear to be the case.

3

My question to your question would be why do you want to restrict payment in this regard under option A/C? Under both options it is for the Contractor to produce their activity schedule and define to what ever standard they feel necessary and they are paid upon completion of activities. Don’t forget under option C they are paid Defined Cost not in line with their activity schedule so irrelevant here anyway.

Whether you have paid them or not for an item, they are obliged to comply with the Works Information and anything that does not will be a defect - which can be managed/resolved under section 4 of the contract.