Frequently Asked Questions

We are the project manager on an NEC4 Engineering and Construction Contract (ECC) Option C (target contract with activity schedule) for a public realm and footway improvement works. The contractor believes completion should now be certified as it has done all the work needed for the client to use the works and for others to do their work. However, not all work within the scope has been done – there are outstanding items such as cycle stands, bollards and signage. But the scope does not explicitly state that these items must be done by the completion date, so who is right?

The contractor is correct. Clause 11.2 allows the parties to define in the scope what works must be completed before completion can be achieved. As this has not been done on your contract, completion is defined by the test in the last part of clause 11.2(2), which is that the client can use the works and others can do their work.

If the scope had said when all the works should be completed, only the first bullet in clause 11.2(2) would apply. To avoid relying on just the last part of clause 11.2(2), clients need to list in the scope all those works which need to be completed before completion can occur.

The same principle applies in all NEC3 and NEC4 contracts. It is explained in the NEC4 Guidance for Preparing an Engineering and Construction Contract (Volume 2) – see section 3.3 as to what is in the scope at page 48 and the checklist items S405 and S410 at page 63.

Back to FAQs