NEC3 Engineering and Construction Contract Guidance Notes ECC (June 2005)

This guidance notes explain the background to the engineering and construction contract, the reasons for some of its provisions and provide guidance on how to use it. They cover usage of all the six A-F options. An introductory section explains NEC objectives, application and project organization, followed by sections on contract strategy and preparing tender documents. The bulk of the book is then devoted to explanations of the clauses and schedule of cost components with worked examples of contract data forms provided.

Table of Contents:
Acknowledgements Foreword * Introduction * Background * Purpose of guidance notes * Objectives * Flexibility * Clarity and simplicity * Stimulus to good management * Subcontracts * Some other changes * Application of the ECC * The published documents * Arrangement of the ECC * The complete ECC * Flow charts * Merged versions * Clause numbering * Project organisation * Roles and duties * The Project Manager * Designers * The Supervisor * The Adjudicator Contract strategy * Choosing the strategy * The main Options * Option A: Priced contract with activity schedule * Option B: Priced contract with bill of quantities * Options C and D: Target contracts (with activity schedule or bill of quantities) * Option E: Cost reimbursable contract * Option F: Management contract * The dispute resolution procedure Options * The secondary Options * Choice of Options Tender documents * Preparing the tender documents * Deciding the contracts * The tender documents * Form of tender * Contract Data * Activity Schedule * Bill of Quantities Tender document in cost reimbursable contracts * Works Information * Site Information * Inviting and preparing tenders * Instructions to tenderers * Part two of the Contract Data * Assessing tenders * Award criteria * Procurement law * General law * Assessing target cost tenders * Assessing design and construct tenders * Assessing construct only tenders * Qualified tenders * Finalising the contract * Creating the contract Explanatory notes * 1 General * 2 The Contractor's main responsibilities * 3 Time * 4 Testing and Defects * 5 Payment * 6 Compensation events * 7 Title * 8 Risks and insurance * 9 Termination * Dispute resolution Options W1 and W2 * Secondary Option clauses * Schedule of Cost Components Engineering and Construction Subcontract * Appendix 1 Clause numbering system * Appendix 2 Sample form of tender * Appendix 3 Sample form of agreement * Appendix 4 Model tender assessment sheet * Appendix 5 Contract Data - worked example