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Professional Services FAQs

Top Frequently Asked Questions

Q I wonder if you would be able to advise me on whether NEC will be amending their suite of contracts to take account of the new General Data Protection Regulations (GDPR) which are due to come into force on 25 May 2018?

We are currently undertaking an exercise to ensure that our contracts will be compliant with the new data legislation, so would be grateful for advice on whether the NEC contracts will include the necessary GDPR provisions or whether we will need to include GDPR clauses as Additional Conditions (Z clauses) within the relevant NEC contract form? Whilst it may not be relevant for all NEC contracts, we do have some contracts where the contractor is required to undertake public engagement and consultation and therefore may process personal data as part of that service.
Q What is NEC4?
Q Is there a written comparison available between the NEC3 Professional Services Short Contract (PSSC) and the NEC3 Professional Services Contract (PSC), identifying what has been missed out from PSC to create PSSC?
Q I am enquiring as to whether an NEC contract can ever be executed as a contract ‘under hand’, that is as a simple contract? My previous experiences working with NEC contracts have always been when an agreement was made under a deed.
Q
I am using the Professional Services Contract for the appointment of an Architect on a complex leisure centre project. Do you have any guidance on how I may define the commission?
Q
In the past we have been guilty of not recording communications with our consultants. Has the NEC produced any guidance on communication under the Professional Services Contract?
Q A contractor has been employed on the NEC3 Professional Services Contract (PSC) to provide overall management of a programme of services to include whole-life-cycle activities from competition to completion. My question is does this include the services of an ECC supervisor or on-site health-and-safety auditor, or is this a role that the local authority would procure?
Q
Under the Professional Services Contract how long should the consultant retain documentation?
Q I am the project manager on an ECC Option C contract where the price for work done to date exceeds the total of the prices by such an extent that the first payment after completion will be negative. Please advise if there are any provisions for, or references to, such a situation within the contract and if not, what advice can be given to the employer with respect to recovering such monies?
Q
How do we resolve inconsistencies in the Scope document written by the Employer?

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