NEC4: Engineering and Construction Subcontract
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The NEC4: Engineering and Construction Subcontract (ECS) is intended for use in appointing a subcontractor where the contractor has been appointed under the NEC4 Engineering and Construction Options, the available secondary options, schedules of cost components and contract data.
The NEC4 Engineering and Construction Subcontract uses clear and professional language, thus promoting fair dealing and greater certainty, as do all NEC4 Contracts.
Core Clauses
Main Option Clauses
Resolving and Avoiding Disputes
Secondary Option Clauses
- 1 General
- 2 The Subcontractor’s main responsibilities
- 3 Time
- 4 Quality management
- 5 Payment
- 6 Compensation events
- 7 Title
- 8 Liabilities and insurance
- 9 Termination
Main Option Clauses
- Option A: Priced subcontract with activity schedule
- Option B: Priced subcontract with bill of quantities
- Option C: Target subcontract with activity schedule
- Option D: Target subcontract with bill of quantities
- Option E: Cost reimbursable subcontract
Resolving and Avoiding Disputes
- Option W1
- Option W2
Secondary Option Clauses
- Option X1: Price adjustment for inflation (used only with Options A, B, C and D)
- Option X2: Changes in the law
- Option X3: Multiple currencies (used only with Options A and B)
- Option X4: Ultimate holding company guarantee
- Option X5: Sectional Completion
- Option X6: Bonus for early Completion
- Option X7: Delay damages
- Option X8: Undertakings to the Client or Others
- Option X9: Transfer of rights
- Option X10: Information modelling
- Option X11: Termination by the Contractor
- Option X12: Multiparty collaboration (not used with Option X20)
- Option X13: Performance bond
- Option X14: Advanced payment to the Subcontractor
- Option X15: The Subcontractor’s design
- Option X16: Retention
- Option X17: Low performance damages
- Option X18: Limitation of liability
- Option X20: Key Performance Indicators (not used with Option X12)
- Option X21: Whole life cost
- Option Y(UK)1: Project Bank Account
- Option Y(UK)2: The Housing Grants, Construction and Regeneration Act 1996
- Option Y(UK)3: The Contracts (Rights of Third Parties) Act 1999
- Option Z: Additional conditions of subcontract
- Schedule of Cost Components
- Short Schedule of Cost Components
- Subcontract Data
- Part one – Data provided by the Contractor
- Part two – Data provided by the Subcontractor
- Index
NEC4 X Clauses - X29 Climate Change - July 2022
NEC has published a new secondary Option that enables construction clients to engage their suppliers in the global drive towards net-zero greenhouse gas emissions and sustainability.
- NEC4 X29 - Engineering and Construction Subcontract
- NEC4 X29 - Engineering and Construction Subcontract Guidance Notes
NEC4 Y CLAUSES - FEBRUARY 2021
NEC is supporting the use of its contracts in Australia and Ireland by publishing secondary option Y clauses.
Y Australia Clauses - Y(Aus) Clauses
NEC4 Y(Aus) - Engineering and Construction Subcontract
NEC4 Y(Aus) - Flowcharts for all contracts
Download all the Y Australia Clauses
Y Ireland Clauses - Y(Ire) Clauses
NEC4 Y(Ire) - Engineering and Construction Subcontract
NEC4 Y(Ire) - Flowcharts for all contracts
Download all the Y Ireland Clauses
Copyright Policy
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 info@neccontract.com to discuss and obtain a copyright licence.
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