NEC4: Introduction to the Engineering and Construction Contract (ECC)

A one day training course that provides a comprehensive overview of the NEC4 Engineering and Construction Contract (ECC), breaking down its key components for new users.

Overview

Watch Tim Knee-Robinson, NEC Tutor and NEC4 drafter talk about the latest NEC4: Introduction to Engineering and Construction Contract (ECC) training.

The NEC4 Engineering and Construction Contract (ECC) has been developed for the appointment of a contractor for engineering and construction project work, including any level of design responsibility.

It provides a modern method for clients, designers, contractors and project managers to work collaboratively to consistently achieve their objectives. People will be motivated to play their part in collaborative management if it is in their commercial and professional interest to do so.

Uncertainty about what is to be done and the corresponding risks and liabilities can lead to disputes and confrontation. The ECC clearly allocates risks, and the collaborative approach will reduce those risks and uncertainty for all the parties.

Why Enrol?

Delegates attending this course will gain:

• An insight into when to use this form of contract
• How to put it together, the contract strategy
• How it is managed effectively.​

This one day training course starts at 09:00 and finishes at 17:00 with refreshment breaks mid-morning and afternoon, plus lunch.
All timings, except the start time, are approximate and may be adjusted to suit natural breaks in the lesson.

Session 1 - Overview of the NEC and the Engineering and Construction Contract (ECC)

• This session will show how NEC contracts have helped transform industry behaviours and how ECC works alongside other contracts in the suite.
• It will also cover when the ECC should be used, and its relationship to its sub contract (Engineering and Construction Subcontract, ECS) and the short versions of those contracts.

Session 2 - Using the ECC

• This session covers the contract strategy; an explanation of the main and secondary Options that can be chosen and the other contract documents that need to be produced. It will also outline the difference between defined and identified terms, their significance in the contract and the contract data and how they should be used.

Session 3 - Managing the contract - the ECC processes

• 3.1 - General provisions. This session will look at the general techniques that are used to manage the contract including mutual trust and co-operation, communications, the role of the Project Manager and Supervisor, and early warnings.
• 3.2 - Contractor’s main responsibilities. This session outlines the Contractor’s main responsibilities cover how the works are defined, the Contractor’s design, key people, Key Dates and subcontracting.
• 3.3 - Time. This session looks at when the works start and finish and how the accepted programme is used and revised to manage delivery.
• 3.4 - Quality. This session clarifies how defective work is identified and managed throughout the programme and after completion.
• 3.5 - Payment. This session covers how amounts for payments are calculated and how handling costs can vary with the ECC main Options. It includes when payments should be made as well as disallowed costs and the schedules of cost components.
• 3.6 - Compensation events. This session gives an overview of compensation events are, how they vary with the ECC Option chosen and how they should be managed to ensure neutral cost to the Contractor and transparency and fairness to the Client.
• 3.7 - Title. This section will review how title passes between parties and the relevance of Working Areas.
• 3.8 - Liabilities and insurance. This session looks at the way ECC manages liabilities and maintains a risk profile which complies with the overarching NEC principle of mutual trust.
• 3.9 - Termination and dispute resolution. This session deals with the process of termination and the reasons why the termination process can be invoked, and also the various dispute resolution procedures.

Session 4 - Summary and Open Forum​

At the end of the course participants should be able to:

• Describe the philosophy of NEC and the behaviours needed to ensure success
• Provide advice on appropriate contract strategies
• Appreciate the use of Contract Data, Scope and Site Information
• Define the roles and responsibilities of key parties
• Apply important ECC clauses such as early warning, programme, communications and compensation events

This course is designed for those working with the ECC form, including:

• Project managers
• Contract Managers
• Supervisors
• Quantity Surveyors
• Clients
• Consultants
• Contractors and their supply chain

It is designed for those with minimal experience with NEC contracts or the ECC form but can be beneficial to those wishing to recap their knowledge.