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NEC contracts—design

NEC contracts—design Some suites of construction contracts include separate forms of contract to be used where the contractor is to take responsibility for designing, as well as building, the works—the JCT suite, for example, contains the well-known JCT Design and Build form. The NEC3/NEC4 suites of contract take a different approach and do not include a separate design and build contract. The NEC4 suite introduced the Design Build and Operate (DBO) contract, but this form, as the name suggests, is intended for use where the employer wishes the contractor to design and build, but also operate/maintain, an asset for a period of time. The NEC Engineering and Construction Contract (ECC) is intended to be suitable for use whether the Contractor has no design responsibility, responsibility for the whole design, or for any part of the design of the works. NEC envisage that the requirements as to design will be set out in the Works Information (in NEC3 terminology)/Scope (under NEC4). This Practice Note looks...

NEC Term Service Contract

NEC Term Service Contract What is the NEC Term Service Contract? The NEC Term Service Contract, or TSC, is part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). The NEC Term Service Contract is designed to engage a contractor for a set period of time, to manage and provide a service—this might include construction works, but can be used for the provision of other services. The NEC Guidance Notes give examples of its use including maintenance of highways in a particular area, providing security personnel for a site, maintaining a nuclear power station, and providing ambulance services to a group of hospitals—in other words, both ‘hard’ and ‘soft’ facilities management services (see Practice Note: What is Facilities Management Contracting?). Like the other NEC forms, it can be used in the public and private sectors and could be used for services of any value. The NEC Term Service Contract is not intended to act like the NEC3/NEC4 Framework Contract under which there is...

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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...

Schedule of Amendments to JCT Intermediate Building Contract 2011 [Archived]

Schedule of Amendments to JCT Intermediate Building Contract 2011 [Archived] ARCHIVED: This Precedent has been archived and is not maintained. The Contract comprises the completed the Intermediate Building Contract 2011 published by the JCT (as modified by Amendment 1: CDM Regulations 2015) subject to the following amendments: RECITALS Sixth Recital Sixth Recital Delete and replace with:‘The Contractor has supplied the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ ARTICLES Article 6 Article 6 At the end insert, ‘The Contract Sum includes the Contractor’s price for fulfilling the duties of Principal Contractor’. Article 8 Article 8 Arbitration Delete Article 8 and insert: ‘All references to arbitration in this Contract are deleted’. Article 10 Insert new Article 10 as follows: ‘Article 10 [To be added on the face of the contract] Schedule of Amendments The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by the parties) are incorporated into this Contract and...

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How can a consultant seek compensation under an NEC3 Professional Services Contract 2013 for additional costs incurred as a result of a survey provided by an employer that was discovered to be incorrect after the works had been completed?

How can a consultant seek compensation under an NEC3 Professional Services Contract 2013 for additional costs incurred as a result of a survey provided by an employer that was discovered to be incorrect after the works had been completed? The starting point would be to consider the status of the survey and whether it forms part of the Scope. In the NEC3 Professional Services Contract 2013 (PSC), the consultant's services are set out in the Scope. This is the equivalent of the Works Information in NEC3 ECC and a combination of the Employer’s Requirements and Contractor’s Proposals in JCT contracts. The definition of the Scope is set out in clause 11.2(11) of the PSC. If the survey does not form part of the Scope, then clause 12.4 (entire agreement clause) applies and there is unlikely to be any recourse under the compensation clauses because the survey does not form part of the contract. In this case, it will be necessary to rely upon potential...

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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.

Environment Agency publishes guidance on reservoir inspection information packs

The Environment Agency has published guidance on reservoir inspection information packs for owners and operators of high-risk reservoirs in England. Owners and operators must keep certain records and information in an inspection information pack to provide to inspecting engineers and they must ensure the pack is available should there be an emergency.