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Professional Services FAQs

Top Frequently Asked Questions

Q We are a consultant engaged under an NEC3 Professional Services Contract (PSC) Option A (priced contract with activity schedule). The employer has requested we undertake a desktop study. This is normally fine but, in this case, the scope requires us to engage a subcontractor to drill some boreholes to obtain data for the desktop study. We are concerned here because the PSC does not allow for the usual compensations events in relation to physical conditions or allow for the recovery of equipment, plant and materials. Is it possible to place an NEC3 ECS for the boreholes and recover this from the employer under a PSC? Also, how would we deal with site-related compensation events?
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 We are the contractor on an ECC contract. Can a general communication be used to resolve an ambiguity under clause 17.1 if the works information requires changing? It is our understanding that only a project manager’s instruction under clause 14.3 may change the works information, however our client is suggesting the response to a general communication under clause 17.1 is sufficient and that a separate project manager’s instruction is not required.
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?

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