The Contractor's NEC3 ECC Handbook
Steven C. Evans
- English
- ePUB (mobile friendly)
- Available on iOS & Android
The Contractor's NEC3 ECC Handbook
Steven C. Evans
About This Book
Addresses the daily challenges faced by contractors who use the NEC3 ECC with clear, practical and useable advice on how to solve them
Written in plain English for contractors and their staff, this book explains how the NEC3 contract works and provides answers to common questions. It presents complicated concepts in a simple, straightforward and understandable way, focusing mainly on day-to-day use. Steven Evans, an expert with thirty years of experience in construction, considers all the provisions of the contract and explains the procedures, obligations, and liabilities contained within it.
NEC3 ECC is a process-based contract based on project management best practices. The basic philosophy behind it differs radically from the more adversarial approaches embodied by traditional contracts. While the NEC3 ECC may appear quite simple on the surface, it is often misunderstood and mismanaged by its day-to-day users. Despite the clear and urgent need for expert guides for those who use the NEC3 ECC, or who are considering adopting this increasingly popular contract, available books on the subject are highly technical and written for lawyers and professional consultantsāuntil now. Written specifically for contractors using the NEC3 ECC contract, this book is aimed specifically at a level consistent with the knowledge and experiences of contractors and their staff.
- A practical guide to the procedures in the NEC3 Engineering and Construction Contracts
- Written specifically for those using and administering the contractsānot for lawyers or professional consultants
- Considers all the provisions of the contract and explains the procedures, obligations and liabilities
- Covers all NEC3 ECC versions and variations created by the Main and Secondary Options
- Provides clear, concise, practical, and straightforward explanations of the NEC3 ECC form used by commercial and operational staff of main contractors
The Contractor's NEC3 EEC Handbook is a vital working resource for main contractors and their employees, including quantity surveyors, commercial managers, contracts managers, project managers, site managers, and estimators.
Frequently asked questions
Information
1
Introduction
Ten Things You Need to Know
- The NEC3 ECC is not a Partnering contract. It can be made into a Partnering contract by the inclusion of secondary Option X12; without X12, it is simply a contract that promotes and requires collaborative working.
- Collaboration is not optional; there are real and effective sanctions in place to ensure the Parties work together to minimise risk and maximise efficient construction. The Parties, the Project Manager and the Supervisor must collaborateā¦or else.
- Whilst collaboration will naturally reduce disputes, the NEC3 ECC recognises that they will occur and actively encourages early submission to adjudication any disagreement that may arise between the Parties. This effectively means that disputes will not perpetuate and the Parties can quickly resolve their issues and move on. Main Option W1, in particular, provides strict timescales within which disagreements must be referred to adjudication.
- Adjudication is compulsory for dispute resolution in the first instance. The Parties are prevented from submitting a dispute to a tribunal (i.e. court or arbitration) unless and until it has first been referred to, and decided in, adjudication. Indeed, at least under main Option W1, it would seem a dispute does not exist until it is referred to adjudication.
- As adjudication is compulsory in the first instance, very few NEC3 ECC disputes arrive in court and so very little court guidance exists as to how the various contractual provisions should be interpreted. When the courts have considered disputes under NEC3, one judge made the comment that the contract was āa triumph of form over substanceā. This is not exactly a resounding endorsement.
- The terms and conditions are not as clear or as simple as they claim to be. The short sentences and simple phraseology often lead to ambiguity, complexity and confusion where none should exist. It can be a difficult contract to understand and apply.
- Changes and variations, or compensation events as they are called in NEC3 ECC, are assessed on the basis of the effect of the event on both the cost and the date the Contractor planned to complete the works. If there is a Bill of Quantities or an Activity Schedule, those documents are ignored when making an assessment. Terminal float is owned by the Contractor.
- Compensation events can go down as well as up. Their name is a misnomer as it suggests there will always be a positive payment to the Contractor in compensation for a change or some other effect of an event. That is not the case; some compensation events will also result in a reduction in Prices.
- There is no separate design and build form; if the Contractor is to design any of the works, the Works Information simply has to state that. If that is the case, then secondary Option X15 must be incorporated, otherwise the design by the Contractor must be fit for purpose.
- It is a contract that is often misunderstood and misapplied, which is unfortunate as, despite some of the criticism above, it is a fundamentally worthy contract filled with provisions that focus on fairness, reasonableness and the effective and efficient completion of the project to the benefit of the Parties.
Authorās Note
ā¦words in the singular also mean in the plural and the other way around and words in the masculine also mean in the feminine and neuter.