EPC contracts and NEC
The NEC4 Engineering and Construction Contract (ECC) allows design allocation to range from the Contractor carrying out no design to having full design responsibility. This Practice Note shows how it is suitable for use as an Engineering, Procurement and Construction Contract (EPC).
Guidance on Using NEC Contracts for Ground Investigations
NEC contracts have been designed to be used in most types of work relating to the built environment. Ground investigation contract works can be procured using NEC forms. This guidance gives advice on how to implement this and deal with the specific requirements of ground investigation contracts.
Comparison of the NEC4 Engineering and Construction Short Contract (ECSC) with the NEC4 Engineering and Construction Contract (ECC)
Employment protection clauses in the NEC4 Facilities Management Contract (FMC)
Using the NEC4 Facilities Management Contract (FMC) in a national, international or cross-border context
International or cross border contracts are without doubt more complex to develop and manage. This practice note gives an outline of how the FMC can be used in such situations, demonstrating that the benefits of a standard contract form can be seen in even the most complex of cross border scenarios. It details the way that various aspects of the standard contract work in the more common single country contract, such as would be used for a FM contract in the UK. It then highlights the issues that need to be addressed for international contracts, and how the FMC and its Scope would be constructed to accommodate these issues.
This guidance was produced in partnership with the Institute of Workplace and Facilities Management (IWFM).
Early Contractor Involvement (ECI) - Using Option X22
The advantages of using Early Contractor Involvement prior to proceeding to the construction stage of a project are increasingly being recognised by clients and their suppliers. For clients who may be considering using ECI for the first time and/or who may wish to obtain further guidance before doing so, there are some key issues to consider including:
- How to select a Contractor when a firm price is not provided at the appointment stage and
- How to establish the construction cost before starting the construction stage.
NEC has now released this practice note which considers the issues that need to be taken into account at the procurement stage and gives advice on how to establish the most advantageous offer. It provides guidance on what should be included in the Pricing Information, how to manage submissions in stage 1 and how to agree a price for the construction stage.
This practice note is based on the secondary option (X22) available for use with the NEC4 Engineering and Construction Contract (Options C or E). Published Feb 2022.
Including the Living Wage in the NEC4 Facilities Management Contract (FMC)
NEC, alongside the Institute of Workplace and Facilities Management (IWFM) and the Living Wage Foundation, are pleased to present this latest guidance on incorporating the living wage into an NEC4 Facilities Management Contract (FMC).
This practice note is written to highlight the importance of paying the Living Wage throughout the supply chain. It is particularly appropriate for contracts which include the provision of ‘soft services’ such as cleaning and security.
Including Social Value in the NEC4 Facilities Management Contract (FMC)
NEC4 ECC Practice Note 1 - Assessing delays due to compensation events
NEC has issued a free Practice Note for assessing delays due to compensation events. The Practice Note has been prepared for use on the NEC4 Engineering and Construction Contract and the approach should be followed on other NEC4 Contracts.
This practice note has been revised. Download version 1.1 below.
NEC4 ECC Practice Note 2 - How to use the CIC BIM Protocol with NEC4
NEC4 ECC Practice Note 3 - Implementing the requirements of Regulation (EU) 2016/679 (GDPR)
This note provides guidance on the information that needs to be included in an NEC contract which includes the processing of personal data as defined in the GDPR in order to comply with Article 28.
NOTE: Similar provisions are needed in the Works Information or equivalent of an NEC3 contract which requires the processing of personal data. The terms should be changed to reflect the defined terms in the appropriate NEC3 contract.
If an NEC3 or NEC4 contract has already been awarded, the Scope (or equivalent) may need to be changed to add in any of these provisions that are not already covered by the contract. Such a change would be a compensation event.
NEC4 ECC Practice Note 4 - Offsite modular construction
NEC4 ECC Practice Note 5 - Using an independent Dispute Avoidance Board (DAB)