Assignment task: Please quote the necessary clause references based on NEC 4 ECC and answer the following questions in details totally not less than 1000 words but not more than 1500 words.
A problem has occurred on an ECC Option C contract for a sports stadium. You are the Project Manager. The Scope stated that all works are to be designed by the Contractor except the steelwork, which will be designed by the Client. An argument has started over the detailed steelwork fixing drawings. The Contractor believes that these should be prepared by the Client. The Client states that these are always designed by the Contractor. The team have reached a deadlock.
a. How should the Project Manager deal with this? Who is contractually responsible for producing the detailed steelwork fixing drawings?
A few months later you spot an issue in the Scope provided by the Contractor for its design. This design includes a manual sprinkler system for the pitch, to be provided by a Subcontractor. However, the Scope provided by the Client states that an automatic sprinkler system should be provided.
b. What process should the Project Manager instigate in order to resolve this? The Client wants the automatic system - who should pay for this? How does this scenario affect the Prices and Defined Cost?
The Supervisor on the project is very particular about the type of coffee to be provided in the Site offices. They convince you that an expensive coffee machine should be provided by the Contractor together with an allowance of 300 coffee pods per month to be used in the machine.
c. What should the Project Manager do to arrange for the Contractor to do this? How would the Contractor be reimbursed for the cost it incurs?
It is discovered through inspecting the Contractor's accounts and records that the Contractor's planner has been charged full time to the project. However, 4 out of 5 days a week are spent by the planner at the Contractor's head office.
d. How does the contract deal with this and what should be paid in respect of the planner's work?
In Contract Data part two, the Contractor has left the fee percentage entry blank. You speak to the Contractor about this and you are told that, it thought Contract Data part two had been completed properly, but nevertheless it should be 11% and the Contractor now wants to include this in Contract Data part two. You are told, verbally, that 'in a spirit of mutual trust and co-operation' you should agree.
e. What does the contract state about such a scenario? Is the Project Manager able to change Contract Data? How might this be resolved and how should this be recorded?