By Michael Rowlinson
Introduced in 1991, the hot Engineering agreement (NEC) has develop into one of many UK's major ordinary different types of agreement for significant development and civil engineering initiatives. presently within the 3rd version, popularly referred to as NEC three, it's a strategy dependent building agreement embodying undertaking administration most sensible perform, and hence the elemental philosophy in the back of the agreement is varied to the extra opposed rules and method of different typical development contracts.
Written as a pragmatic consultant to the appliance of the systems contained in NEC three, this ebook will reduction clients within the transition from their use and realizing of the opposite common building contracts to the collaborative venture administration dependent strategy of the ECC.
Written for a person operating within the development engaged on a venture less than the ECC, will probably be of curiosity to the total building offer chain together with employers, building professions, contractors and sub-contractors. it's going to even be of curiosity to experts and legal professionals advising any of those events, both within the guidance of agreement documentation or the answer of challenge events which can come up.
- A useful advisor to the applying of the techniques inside the NEC Engineering and building Contracts
- Written particularly for individuals truly utilizing and administering the NEC contracts – instead of attorneys
- Covers the entire diversifications created by way of the most and Secondary techniques
Chapter 1 creation (pages 1–4):
Chapter 2 historical past to the NECECC (pages 5–11):
Chapter three the choices: an summary (pages 13–18):
Chapter four ‘Spirit of Mutual belief and Cooperation’ (pages 19–24):
Chapter five the forged of Characters (pages 25–35):
Chapter 6 Communications, Early Warnings and different common concerns (pages 37–48):
Chapter 7 The Contractor's major duties (pages 49–57):
Chapter eight Subcontracting (pages 59–63):
Chapter nine checking out and Defects (pages 65–72):
Chapter 10 name (pages 73–75):
Chapter eleven dangers and coverage (pages 77–83):
Chapter 12 Time (pages 85–112):
Chapter thirteen check (pages 113–138):
Chapter 14 The Schedules of rate parts (pages 139–149):
Chapter 15 repayment occasions: thought and occasions (pages 151–170):
Chapter sixteen reimbursement occasions: systems (pages 171–193):
Chapter 17 reimbursement occasions: overview (pages 195–208):
Chapter 18 Termination (pages 209–218):
Chapter 19 Dispute answer (pages 219–230):
Chapter 20 Secondary techniques (pages 231–242):
Chapter 21 finishing the agreement info (pages 243–259):
Chapter 22 The assisting records: want and content material (pages 261–272):
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Additional resources for A Practical Guide to the NEC3 Engineering and Construction Contract
It is a risk for the Employer in the longer term that his development might not provide the returns he hoped for. At the other end of the scale, the risk that that the van bringing part of the workforce to site breaks down is not a risk that should be recorded15; this is part of the Contractor’s normal working risk. 4 Increases to the Contractor’s cost With regard to the Contractor notifying of a matter which would increase his cost, this embodies the philosophy of the ECC that all concerned should work to achieve each other’s business objectives.
In practice, many users feel that this is not enough and populate the register with other information such as who identified the risk and when, who the risk would be to and what the potential cost and time implications might be. The definition does not prevent the inclusion of information in addition to the two required matters; users should therefore develop the Risk Register in a format which suits their requirements. 4 states that risks which have passed should be removed from the register. To remove an item in any circumstances could lead to the information being lost and prevent the parties from benefiting from that foresight in relation to lessons learnt or for reference on similar future projects.
It assumes, by implication, that the Project Manager has the Employer’s authority to make all the decisions and to carry out all the actions which are required within this role under the ECC. 2 of Appendix 2, which also identifies whether each duty is mandatory or discretionary. This table identifies a total of 149 matters that are required to be carried out by the Project Manager under the ECC. The reader should note that over one-third of these matters relate to Options as opposed to the core clauses.
A Practical Guide to the NEC3 Engineering and Construction Contract by Michael Rowlinson