Addresses the daily challenges faced by contractors who use the NEC3 ECC with clear, practical and useable advice on how to solve them
Written in plain English for contractors and their staff, this book explains how the NEC3 contract works and provides answers to common questions. It presents complicated concepts in a simple, straightforward and understandable way, focusing mainly on day-to-day use. Steven Evans, an expert with thirty years of experience in construction, considers all the provisions of the contract and explains the procedures, obligations, and liabilities contained within it.
NEC3 ECC is a process-based contract based on project management best practices. The basic philosophy behind it differs radically from the more adversarial approaches embodied by traditional contracts. While the NEC3 ECC may appear quite simple on the surface, it is often misunderstood and mismanaged by its day-to-day users. Despite the clear and urgent need for expert guides for those who use the NEC3 ECC, or who are considering adopting this increasingly popular contract, available books on the subject are highly technical and written for lawyers and professional consultants--until now. Written specifically for contractors using the NEC3 ECC contract, this book is aimed specifically at a level consistent with the knowledge and experiences of contractors and their staff.
* A practical guide to the procedures in the NEC3 Engineering and Construction Contracts
* Written specifically for those using and administering the contracts--not for lawyers or professional consultants
* Considers all the provisions of the contract and explains the procedures, obligations and liabilities
* Covers all NEC3 ECC versions and variations created by the Main and Secondary Options
* Provides clear, concise, practical, and straightforward explanations of the NEC3 ECC form used by commercial and operational staff of main contractors
The Contractor's NEC3 EEC Handbook is a vital working resource for main contractors and their employees, including quantity surveyors, commercial managers, contracts managers, project managers, site managers, and estimators.
Autorentext
About the Author
Steven C. Evans is Director of construction consultancies in the UK and in Australia. He has worked in construction for nearly 30 years, beginning as an on-site trainee quantity surveyor for a top tier multinational contractor, moving on to managing surveyor for a medium sized UK based contractor, and finally, as a dispute resolution and avoidance specialist. Mr. Evans has a wealth of practical experience to supplement his legal knowledge and qualifications.
Inhalt
About the Book xiii
About the Author xv
1 Introduction 1
Ten Things You Need to Know 1
Author's Note 2
2 The Contract 5
About the NEC Contract 5
Clarity and Simplicity 5
Flexibility 5
Stimulus to Good Management 6
Collaborate...or Else! 6
The Latham Report 6
The NEC3 Suite 7
Contracts 7
Flow Charts and Guidance Notes 8
The ECC Form 9
The Core Clauses 9
The Main Options 9
Option A - Priced Contract with Activity Schedule 10
Option B - Priced Contract with Bill of Quantities 11
Option C - Target Contract with Activity Schedule 11
Option D - Target Contract with Bill of Quantities 12
Option E - Cost Reimbursable Contract 12
Option F - Management Contract 13
W Clauses 13
The Secondary Options 14
X Clauses 14
Y Clauses 14
Z Clauses 15
The Contract Data 15
The Schedules 16
The Schedule of Cost Components 16
The Shorter Schedule of Cost Components 16
Formation of the Contract 16
Offer and Acceptance 16
Attestation 17
Necessary Contract Documents 17
Frequently Asked Questions 17
3 General 19
Overview 19
Actions 19
The Employer 20
The Contractor 22
The Project Manager 27
Impartiality 32
The Supervisor 32
The Obligations 33
Identified and Defined Terms 34
(1) The Accepted Programme 35
(2) Completion 36
(3) Completion Date 38
(4) The Contract Date 38
(5) Defect 39
(6) Defects Certificate 39
(7) Equipment 40
(8) The Fee 40
(9) Key Date 41
(10) Others 42
(11) Parties 42
(12) Plant and Materials 42
(13) To Provide the Works 43
(14) The Risk Register 44
(15) The Site 44
(16) Site Information 45
(17) Subcontractor 45
(18) Working Areas 46
(19) Works Information 46
(20) The Activity Schedule (Main Options A and C Only) 49
Who Prepares the List of Activities? 49
What Should be Included in the Schedule? 50
Relationship to the Accepted Programme 50
Changes to the Activity Schedule 50
Use Under Option A 51
Use Under Option C 51
Errors in the Activity Schedule 51
(21) The Bill of Quantities (Main Options B and D Only) 52
Changes to the Bill of Quantities 53
Use Under Option B 53
Use Under Option D 53
Errors in the Bill of Quantities 54
(22) to (26) Defined Cost 54
Main Options A and B 54
Main Options C to E 54
Main Option F 55
(25) Disallowed Costs 55
(27) Price for Work Done to Date (Option A) 56
(28) Price for Work Done to Date (Option B) 56
(29) Price for Work Done to Date (Options C to F) 57
(30) Prices (Main Options A and C) 57
(31) Prices (Main Options B and D) 57
(32) Prices (Main Options E and F) 57
(33) The Total of the Prices (Option D) 57
Interpretation and the Law 57
Communications 58
Notification 59
The Project Manager and the Supervisor 60
Adding to the Working Areas 61
Early Warning 61
Ambiguities and Inconsistencies 63
Illegalities and Impossibilities 64
Prevention 64
Frequently Asked Questions 65
4 The Contractor's Main Responsibilities 71
Overview 71
Providing the Works 77
The Contractor's Design 78
Acceptance of the Contractor's Design 78
Using the Contractor's Design 79
Design of Equipment 79
People 80
Working With the Employer and Others 81
Subcontracting 82
Other Responsibilities 84
Frequently Asked Questions 85
5 Time 89
Overview 89
Starting, Completion and Key Dates 89
Commencement and Completion 89
Completion Certificate 90
Key Dates 91
The Programme 91
The First Programme 92
Information on the Programme 92
Acceptance of the Programme 95
Rejection of the Programme 95
Revising the Programme 96
Access to and Use of the Site 98
Instructions to Stop or Not to Start the Work 98
Takeover 98
Acceleration 99
Frequently Asked Questions 100
6 Testing and Defects 105
Overview 105
Tests and Inspections 106
Tests and Inspections Before Delivery 107
Searching For and Notifying Defects 107
Searching 107
Notifying 108
Correcting Defects 108
Correction 108
Defect Correction Period 108
Defects Certificate 109
Accepting Defects 109
Uncorrected Defects 110
Frequently Asked Questions 111
7 Payment 115
Overview 115
Assessing the Amount Due 115
Main Option A 116
Main Option B 117
Main Option C 117
Amounts Due to Subcontractors 118
The Cost of Components in the Schedule of Cost Components 119
Disallowed Costs 119
The Fee 120
Main Option D 120
Amounts D…