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NEC3: Engineering and Construction Subcontract (ECS)

NEC3: Engineering and Construction Subcontract (ECS)
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The subcontract is intended for use in appointing a subcontractor where the contractor has been appointed under the NEC3 Engineering and construction options, the available secondary options, schedules of cost components and contract data.
Construction Clients' Board endorsement of NEC3
The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction.
Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

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Users should note that the NEC Forms of Contract are protected by copyright and may not be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical or photocopying, recording or otherwise, without the prior permission of the copyright owner. However, Contract Data forms may be reproduced for the purpose of obtaining tenders, awarding and administering contracts.

Likewise, plagiarising any copyrighted document is illegal. For users seeking to prepare their own bespoke contracts based on the NEC Forms of Contract, please contact NEC at to discuss and obtain a copyright licence.


Core clauses 
• 1 General style 
• 2 The Subcontractor’s main responsibilities 
• 3 Time 
• 4 Testing and Defects 
• 5 Payment 
• 6 Compensation events 
• 7 Title 
• 8 Risks and insurance 
• 9 Termination
Main Option clauses 
• A Priced subcontract with activity schedule 
• B Priced subcontract with bill of quantities 
• C Target subcontract with activity schedule 
• D Target subcontract with bill of quantities 
• E Cost reimbursable subcontract
Dispute resolution 
• W1 Option W1 
• W2 Option W2
Secondary Option clauses
• X1 Price adjustment for inflation 
• X2 Changes in the law 
• X3 Multiple currencies 
• X4 Parent company guarantee 
• X5 Sectional Completion 
• X6 Bonus for early Completion 
• X7 Delay damages 
• X12 Partnering 
• X13 Performance bond 
• X14 Advanced payment to the Subcontractor 
• X15 Limitation of the Subcontractor’s liability for his design to reasonable skill and care X16 Retention
• X17 Low performance damages 
• X18 Limitation of liability
• Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 
• Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 
• Z Additional conditions of subcontract
Publish Date:
Page Size:
01/04/2013 12:41:13
297 x 210
Number of Pages:
Product Code:
Thomas Telford

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