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Completing the NEC ECC Contract Data—checklist

Completing the NEC ECC Contract Data—checklist The Contract Data contained within the NEC Engineering and Construction Contract (ECC) sets out the project specific details for the particular works to be carried out. It is very important that this part of the contract is fully completed and that the details are correct to avoid ambiguity and/or disputes. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes and other content which provide detailed information on the areas covered. It looks at the NEC4 edition of the ECC, although much of the Checklist also applies to the Contract Data in the NEC3 version of the ECC. It is aimed at those who are relatively new to dealing with NEC contracts. An employer will often arrange for the architect or another consultant to complete the project specific information within the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in...

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Construction contract documents

In most cases, a construction contract will incorporate a number of documents that all work together to set out the obligations and liabilities of the parties and to define the works and when, where and how they are to be carried out. These are often referred to as the 'contract documents'.In addition to the conditions of contract, the other documents that will be incorporated into the contract will depend upon the procurement route that has been adopted. They will commonly include (using JCT language for simplicity):•employer’s requirements•contractor’s proposals•a contract sum analysis or (depending on the form of contract) bill of quantities•specifications•drawings•the programme•BIM protocolOther ancillary documents can be used to clarify the parties' responsibilities, such as the tender, minutes of a pre-contract meeting or derogations/tender clarification—if so, these may be included as separate contract documents or incorporated within one of the documents listed above.Conditions of contractThe conditions of contract will frequently incorporate or be based on one of the industry standard forms, for example one of the contracts in the JCT,...

Traditional procurement of construction contracts

This Practice Note provides a basic explanation of traditional procurement in construction. It looks at why this type of procurement is used and also considers particular issues to take into account when choosing to follow this procurement route.When an employer decides to commence a construction project, the first stage is typically for it to engage an architect to carry out a feasibility study and to prepare a very basic design. If the architect advises that the employer’s proposals are achievable within the budget that has been set, the employer will then engage the architect and, typically, a number of other consultants (engineers etc), to develop the designs for the project and provide related advice.In the early stages of a construction project, the employer, usually with guidance from its professional team, will need to make a decision on how to procure the construction. There are various procurement routes and forms of contract to choose from and the employer’s choice will be influenced by the time available for tendering and for completion...

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JCT Management Works Contract 2016—Form of Agreement and Amendments

JCT Management Works Contract 2016—Form of Agreement and Amendments Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Management Works Contract Agreement 2016 (MCWC/A 2016) and JCT Management Works Contract Conditions 2016 (MCWC/C 2016) as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Management Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Management Contractor] (‘the Management Contractor’); 2 [insert name of the Works Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Works Contractor] (‘the Works Contractor’). Now it is agreed that: 1 Interpretation In this Agreement words and expressions shall have the meanings that are respectively assigned to them in the JCT MCWC/A 2016 and the JCT MCWC/C 2016, referred to in and...

JCT Intermediate Sub-Contract 2024—Form of Agreement and Amendments

JCT Intermediate Sub-Contract 2024—Form of Agreement and Amendments Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Intermediate Sub-Contract Agreement 2024 (ICSub/A 2024) and JCT Intermediate Sub-Contract Conditions 2024 (ICSub/C 2024) as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Contractor] (‘the Contractor’); 2 [insert name of the Sub-Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Sub-Contractor] (‘the Sub-Contractor’). Now it is agreed that: 1 Interpretation In this Agreement words and expressions shall have the meanings that are respectively assigned to them in the JCT ICSub/A 2024 and the JCT ICSub/C 2024, referred to in and modified and supplemented in Schedule 1 and/or Schedule...

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Please can you explain what 'with quantities', 'without quantities' and 'approximate quantities' mean?

Please can you explain what 'with quantities', 'without quantities' and 'approximate quantities' mean? It is common to come across the phrases 'with quantities', 'without quantities' and 'approximate quantities' in relation to construction contracts. These terms relate to the way that the works have been priced. For example, the JCT Standard Building Contract is published in With Quantities, Without Quantities and Approximate Quantities versions. Which description is correct (and therefore which form of contract is appropriate if using the JCT Standard Building Contract) will depend on whether or not there is an accurate bill of quantities available at the outset. Where the contract is described as being 'with quantities' it means that the employer provides the contractor with a detailed bill of quantities, ie a list which defines the quantity and quality of the work required (usually together with drawings). This list is prepared by the quantity surveyor and is provided to the contractor as part of the tender documents. The contractor can then price each item in...

In a construction contract, can the rates in the Bill of Quantities be varied by the Quantity Surveyor?

In a construction contract, can the rates in the Bill of Quantities be varied by the Quantity Surveyor? The purpose and status of the Bill of Quantities in a construction contract depends on the pricing/procurement route that has been adopted (see Practice Note: Construction contract documents). The rates contained in the Bill of Quantities will be inserted by the Contractor at tender stage or during pre-contract negotiations. The Bill of Quantities is, in some circumstances, provided to the contractor at tender stage purely to allow it to calculate its price. However, depending on the terms of the contract, the Bill of Quantities may or may not be part of the contract (ie a contract document) and this could affect the ability of the parties (or others acting on their behalf) to vary its contents. The Quantity Surveyor (QS) might seek to vary the rates in the Bill of Quantities if it disagrees, for some reason, with the rates that the contractor has based its price on or intends for the...

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No reduction in Prices under NEC3 sub-contract for instruction to omit works issued in breach of contract (Van Oord v Dragados)

Construction analysis: The Inner House of the Court of Session disagreed with the decision of the Outer House and held that, under a sub-contract based on the NEC3 Construction and Engineering Subcontract, instructions given by the contractor to omit works for the purpose of transferring them to others did not result in a reduction to the Prices.

Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

Construction analysis: The Outer House of the Court of Session found that an adjudicator had failed to address one of the critical issues referred to it for determination and had therefore failed to exhaust its jurisdiction. As a result, the adjudicator’s decision was held to be unenforceable.