A Practical Guide to the NEC3 Engineering and Construction Contract

Launched in 1991, the New Engineering Contract (NEC) has become oneof the UK's leading standard forms of contract for majorconstruction and civil engineering projects. Currently in the thirdedition, popularly known as NEC 3, it is a process basedconstruction contract embodying project management best practice,and thus the basic philosophy behind the contract is different tothe more adversarial principles and approach of other standardconstruction contracts. Written as a practical guide to the application of theprocedures contained in NEC 3, this book will aid users in thetransition from their use and understanding of the other standardconstruction contracts to the collaborative project managementbased approach of the ECC. Written for anyone working in the construction industry workingon a project under the ECC, it will be of interest to the completeconstruction supply chain including employers, constructionprofessions, contractors and sub-contractors. It will also be ofinterest to consultants and lawyers advising any of these parties,either in the preparation of contract documentation or theresolution of problem situations which may arise. A practical guide to the application of the procedurescontained in the NEC Engineering and Construction Contracts Written specifically for people actually using andadministering the NEC contracts - rather than lawyers * Covers all the variations created by the Main and SecondaryOptions

Auteur
Michael Rowlinson MSc, DipArb, MRICS, FCIOB, FCIA, FCICES, is a director of Alway Associates, Construction Contracts & Commercial Consultants based in Banbury, Oxfordshire. He is an experienced construction professional, having qualified initially as a Chartered Quantity Surveyor and later as a Chartered Builder. After over 20 years with private practice and contractors Michael joined Alway Associates in 1998, specialising in Construction Contracts and Law. As part of his work Michael has lectured extensively for the Construction Study Centre and direct for his own clients, predominantly on the NEC suite of Contracts. He has written a number of articles on this suite of contracts which have been published in the Civil Engineering Surveyor and the NEC User Group's Newsletter, as well as on Alway Associates website.

Texte du rabat
Launched in 1993, the New Engineering Contract (NEC) has become one of the UK's leading standard forms of contract for major construction and civil engineering projects. The third edition, popularly known as NEC 3, is a process based contract embodying project management best practice, so the basic philosophy behind the contract differs from the more adversarial principles and approach of other standard construction contracts. Written as a practical guide to the application of the procedures contained in NEC 3 and issues that arise as a result of that application, this book will aid users in the transition from their use and understanding of the other standard construction contracts to the collaborative project management based approach of the ECC.

Practical Guide to the NEC3 Engineering and Construction Contract will be useful to everyone in the construction industry working on a project under the ECC. It will be of interest to the complete construction supply chain, including employers, construction professions, contractors and sub-contractors, as well as consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the resolution of problem situations which may arise.

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Contenu

1 Introduction 1

1.1 General 1

1.2 Mechanics not law 2

1.3 A simple formula for understanding a contract 2

1.4 Mandatory or discretionary 3

1.5 Conditions precedent 4

1.6 Note on use of upper case in key words and phrases 4

2 Background to the NECECC 5

2.1 The background: First edition 5

2.2 The second edition 6

2.3 The third edition 7

2.4 Endorsement of NEC3 by the Office of Government Commerce 7

2.5 General philosophy: Aims and objectives 8

2.6 Flexibility 8

2.7 Clarity and simplicity 9

2.8 Stimulus to good management 9

2.9 Other characteristics 10

3 The Options: An Overview 13

3.1 General arrangement of the ECC 13

3.2 Other documents referred to 15

3.3 Contract Data 16

3.4 The published documents 16

3.5 Main Options: General outline 17

4 'Spirit of Mutual Trust and Cooperation' 19

4.1 Introduction 19

4.2 Core clause 10.1 19

4.3 What does it mean? 21

4.4 Practical issues 22

5 The Cast of Characters 25

5.1 Introduction 25

5.2 The Employer 25

5.3 The Project Manager 27

5.4 The Supervisor 29

5.5 The Contractor 30

5.6 The Adjudicator 31

5.7 Subcontractors 32

5.8 'Others' 32

5.9 Designers 33

5.10 CDM Coordinator 34

5.11 Principal Contractor 34

5.12 Practical issues 35

6 Communications, Early Warnings and other General Matters 37

6.1 Introduction 37

6.2 Communications: The clause 37

6.3 Communications: Practical issues 38

6.4 Early warnings: The clause 40

6.5 Early warnings: Practical issues 42

6.6 Other matters: The clauses 44

6.7 Other matters: Practical issues 47

7 The Contractor's Main Responsibilities 49

7.1 Introduction 49

7.2 Providing the Works 49

7.3 Contractor's design 51

7.4 Other matters 52

7.5 Practical issues 55

8 Subcontracting 59

8.1 Introduction 59

8.2 Definition of a Subcontractor 59

8.3 The core clauses 60

8.4 Provisions in the Main Options 61

8.5 Practical issues 61

8.6 Options for forms of subcontract in the NEC3 family 62

9 Testing and Defects 65

9.1 Introduction 65

9.2 Tests and inspections 65

9.3 What is a Defect? 67

9.4 The Defect procedure 68

9.5 The Defects Certificate 70

9.6 Uncorrected Defects 70

9.7 Practical issues 71

10 Title 73

10.1 Introduction 73

10.2 The core clauses 73

10.3 Practical issues 74

11 Risks and Insurance 77

11.1 Introduction 77

11.2 The core clauses 77

11.3 Practical issues 80

12 Time 85

12.1 Introduction 85

12.2 The programme: Contents 86

12.3 The programme: Submitting, accepting and revising 91

12.4 The programme: Practical issues 93

12.5 Starting and finishing 102

12.6 Other matters 105

12.7 Secondary Options related to Time 108

12.8 Practical issues 110

13 Payment 113

13.1 Introduction 113

13.2 The payment process 113

13.3 Payments in multiple currencies 116

13.4 The amount due and the Price for Work Done to Date 116

13.5 Supporting documents and records 126

13.6 The Contractor's share 129

13.7 The Contractor's share: Practical issues 131

13.8 Special provisions for the UK 132 13.9 Related Secondary Options 134</p...