Frequently Asked Questions

Why is there no prevention or force majeure type clause in the NEC3 Term Service Contract (TSC), similar to one found in the Engineering and Construction Contract (ECC)?
The ECC is a contract to carry out a project. The contractor’s main obligation ceases when completion is achieved, and the contractor is required to achieve completion by a specific date, that is the completion date. The TSC is a term contract to provide services. The contractor’s main obligations cease after a set period, called the service period, no matter what services have or have not been carried out.

The ‘prevention’ clause you refer to is based upon it becoming impossible for the contractor to achieve completion by certain dates. There is no such equivalent requirement to achieve completion in the TSC and therefore this prevention principle is not included.

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