Overview Guide to the ECS Contract

ECS High Level Quick User Guide This simple guide lists out the key sections and clauses of the ECS contract and shows readers where particular […]

ECC Early Warning process flowchart

Early Warning process map The early warning process is a very simple system but one that is often misunderstood and mismanaged by on or other […]

ECC Section 36 – Acceleration

The acceleration provisions are actually very simple under the contract and are the mechanism for bringing forward the Completion Date at the request of the […]

ECC Clause 32.1 – Revising the Programme

This clause requires that all subsequent programmes include actual progress achieved on each operation and effect upon remaining work, , how Contractor plans to deal […]

NEC Clause 31.3 Programme Acceptance NEC Guidance Note

ECC Clause 31.3 – Programme Acceptance

The Accepted Programme is key in agreeing the true state of play at any one point in time for that project. The regularly submitted programmes […]

ECC Clause 31.2 – Programme Requirements

ECC Clause 31.2 is indeed one of the longest in the whole Contract, which provides a comprehensive list of what should be included within each […]

ECC Clause 31.1 – Programme

Clause 31.1 confirms that a programme can either be bound into the contract or a first programme issued for acceptance after contract award within the […]

ECC Section 3 – Programme

The NEC suite of contracts puts far greater contractual requirements upon the Contractor to produce and manage a detailed programme than other forms of contract currently in existence within the construction industry. Clear contractual mechanisms for agreeing change between the parties are key to successs.

ECC Section 15 – Early Warnings

The early warning process is a mechanism for both parties to identify potential problems to the project. The contract emphasises that both Parties are obliged […]

ECC Section 13 – Communications

Flow of communication is essential between the parties to ensure the level of understanding and transparency between the Parties. In particular clauses 13.1 and 13.7 […]

ECC Clause 11.2 – Defined Terms

ECC Clause 11.2 – Defined Terms: There are a number of defined terms that are spread through out the NEC contract that have specific implications and useful to understand when producing and maintaining the contract programme.

NEC requirement to act in a “spirit of mutual trust and co-operation”

The opening clause of the ECC contract brings two very important issues to the fore, that 1) everyone named and involved with the contract has to do what it says, and 2) do this in a spirit of mutual trust and cooperation.

Managing a programme under the NEC form of contract

A well thought out, detailed contractor’s programme should be used such that is a proactive management tool for both managing the works on a day-to-day basis, and a mechanism to demonstrate the effects and hence entitlement (if any) when change occurs.

Compensation events and movement in Completion Date

When compensation event quotations take a long time to get accepted, it may create a difference between planned Completion and Completion Date that in the interim neither party are necessarily clear on whose liability that is…