NEC4: Getting it Right: Preparing an ECC Contract

Overview

Having a clear and well-structured brief has long been recognised to be fundamental to the success of any project. For NEC this means a clear and unambiguous Contract Date and Scope in conjunction with the correct use of additional conditions of contract (Z Clauses). Echoing good practice in each of these aspects will ensure that your NEC contract delivers the balance of flexibility and clarity which leads to successful outcomes.

This workshop covers the practicalities of preparing various documents that form the ECC4 including Contract Data, Scope, Site Information and the pricing document to clearly define the obligations and risk allocation as well as how to correctly identify if your requirement is better served through an additional condition of contract and, if so, how to prepare it.

The workshop is suited for ECC contracts with the variations in requirements between main Options being detailed in the supporting materials. As a way of supporting NEC’s collaborative approach, it is aimed at Clients, Contractors and Project Managers.

This 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 sessions.

Session 1: Contract documents including using a form of agreement

• The constituent parts of an ECC
• The function and purpose of Contract Data, Scope, Site Information and pricing document
• The status and relationship between the constituent parts of an ECC
• Using a form of agreement
• Utilising NEC support materials (User Guide volumes 1, 2 and 3)

Session 2: Drafting principles

• Key principles
• Drafting style
• Group working exercise – potential impact of poor drafting

Session 3: Contract Data

• Structure including optional entries and entries required for all contracts
• The drafting process and checklist
• Information identified in Contract Data that is not in Scope, Site Information or the pricing document
• Group working exercise – potential impact of poor drafting

Session 4: Scope

• Key things to consider including references within the contract clauses
• How to incorporate specifications and health and safety information
• Establishing a structure including section headings and coding
• Scope provided by the Contractor for its design
• Drafting process and checklist
• Group working exercise
  • Worked example – potential impact of poor drafting
  • Worked example – dealing with key requirements (i.e. Completion / design)

Session 5: Other documents including Site Information

• Key things to consider including references within the contract clauses
• Drafting process and checklist

Session 6: Pricing documents

• Activity Schedule or Bill of Quantities
• Key things to consider including tendering issues

Session 7: Additional conditions of contract

• When to use additional conditions of contract
• Drafting process and checklist

Session 8: Subcontract

• Additional requirements to consider when drafting subcontract documents

Session 9: Summary and open forum

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

• Recognise key requirements to be addressed within Contract Data, Scope and Site Information and identify the need for additional conditions of contract
• Define and apply the key principles for structuring and drafting clear and unambiguous Scope and Site Information
• Analyse how the Scope will be applied and the potential impact upon the drafting / structure and /or pricing and programming
• Identify examples of good practice for Scope and Site Information and apply these in their drafting
• Recognise how and when additional conditions of contract are appropriate
• Apply good practice when drafting additional conditions of contract

The workshop is essential for those drafting or receiving an ECC4 contract. It will suit those new to NEC but will be especially useful to those who are working on multiple contracts and are keen to develop consistencies and good practice standards within their organisation. This would include:

• Experienced professionals involved in compiling and interpreting tender documents and contracts
• Procurers, estimators and other bid professionals.