Frequently Asked Questions

Question
We are a client planning to use the NEC4 Engineering and Construction Contract (ECC) and are writing our model scope requirements for carbon dioxide emissions reduction using option X29 on climate change. Who or what should the ‘Climate Change Partners’ be, what value do they bring, can they be changed and what are the implications of removing them from the scope?

Clause X29.2 requires the contractor to collaborate with other climate change partners identified in the climate change requirements. These can be identified as specific companies or by work type or activity they will undertake.

However, there is no requirement for you to identify any climate change partners. This would be the case if there are no other parties you want the contractor to collaborate with in the achievement of your climate-change-related issues.

The project manager has the power to change the scope and so can revise the list of climate change partners as necessary, for example when you engage other contractors or consultants. This will be a compensation event as it will be an instruction changing the scope. As with any compensation event, the contractor would have to demonstrate whether such a change in scope will lead to an increase in the prices or delay completion or meeting a key date.

Where there are multiple parties involved in the delivery of the project, consideration may also be given to using option X12 on multiparty collaboration. However, the interface between the key performance indicators in the schedule of partners in X12 and the content of the X29 performance table would need to be carefully considered. 

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