---
title: NEC4 Engineering and Construction Short Subcontract (ECSS) High Level User Guide
date: 2025-05-08T06:50:28Z
modified: 2025-09-29T15:46:30Z
permalink: "https://gmhplanning.co.uk/nec-downloads/nec4-engineering-and-construction-short-subcontract-ecss-high-level-user-guide/"
type: downloads
status: publish
excerpt: ""
wpid: 7968
nec_contract_type:
  - NEC4
nec_contract_version:
  - NEC Engineering & Construction Subcontract (ECS)
  - NEC Engineering and Construction Short Contract (ECSC)
download_category:
  - Overview and introduction
featured_image: "https://gmhplanning.co.uk/wp-content/uploads/2025/05/ECSC-2.jpg"
author: Glenn Hide
timestamp: 2025-09-29T15:46:30Z
tags:
  - NEC4
  - NEC Engineering & Construction Subcontract (ECS)
  - NEC Engineering and Construction Short Contract (ECSC)
  - Overview and introduction
---

## Introduction

This NEC4 Engineering and Construction Subcontract (ECSS) high-level overview is intended to be a quick reference guide as to where a particular subject matter can be found within the contract. This guide focuses on the most used and day to day clauses likely to be most relevant. For a specific project, any bespoke clause amendments introduced by a Subcontractor would have to be taken into account.

With this particular contract the first section to be filled in is all the elements of Contract Data. This includes:

- Contractor’s Subcontract Data
- Subcontractor’s Subcontract Data
- Subcontractor’s Offer and Contractor’s Acceptance
- Price List
- Scope
- Site Information

It is worth noting that Scope is further divided into separate sections again all of which need completing before entering into a signed agreement:

1. Description of the Works
2. Drawings
3. Specifications
4. Constraints on how Subcontractor provides the Works
5. Requirements for the Programme
6. Services and other things provided by Contractor

## Section 1 – General 

### Actions

**10.1** Reminder that all Parties are to act as stated in the contract.

**10.2** Obligation to also act in a spirit of mutual trust and cooperation.

### Defined Terms

**11.2** 16 no. listed in alphabetical order.

### Communications 

**13.1** All communications issued in a form that can be read, copied and recorded.

**13.2** Responses within period for reply or as stated in contract.

### Project Manager 

**14.1** Subcontractor obeys written instructions given by Contractor.

**14.2** Contractor can issue instructions to change the Scope.

**14.3** Contractor gives an instruction to correct a mistake in Price List.

**14.4** Contractor acceptance of a communication does not change Subcontractor liability.

### Early Warnings

**15.1** Reasons for which an early warning should be notified.

**15.2** Both Parties co-operate in considering proposals to avoid or reduce the risk and deciding actions.

### Access to site

**16.1** Contractor allows access to site as necessary for the work.

**16.2** Contractor provides services and other things as stated in the Scope.

### Corrupt Acts 

**17.1** Subcontractor does not do a Corrupt Act.

## Section 2 – Subcontractor’s Responsibilities

### Providing the Works 

**20.1** Subcontractor obligation to Provide the Works in accordance with Scope.

**20.2** Subcontractor does not start work which Subcontractor has designed, until Contractor has accepted.

### Subsubcontracting and people

**21.1** Subcontractor responsible to provide the works whether or not it has been subsubcontracted.

**21.3** Contractor may instruct Subcontractor to remove a person within one day from instruction.

### Access for the Contractor

**22.1** <a>Subcontractor </a>provides access to work being done and to stored Plant and Materials.

## Section 3 – Programme

### Starting, Completion and programme

**30.1** Subcontractor does not start work on site until starting date and completes work by Completion Date.

**30.2** Subcontractor submits weekly forecast of the date of Completion.

**30.3** Contractor decides date of Completion and certifies within 1 week.

**30.4** Contractor may instruct Subcontractor to stop or not start work, and to re-start or remove from Scope.

**31.1** Subcontractor submits programme as stated in Scope

## Section 4 – Quality Management

### Tests and Inspections

**40.1** Requirement to carry out tests and inspections as per Scope.

### Searching/Notifying Defects

**41.1** Contractor can instruct Subcontractor to search for a defect.

**41.2** Contractor can notify a defect up until the _defects date_.

### Correcting Defects

**42.1** Subcontractor obligation to correct a defect.

**42.2** Before Completion defects corrected within a timescale to avoid impact Contractor or others.

**42.3** After Completion defects corrected within _defect correction period._

**42.4** Contractor obligation and timing to issue Defects Certificate.

### Accepting Defects

**43.1** Can propose for defect to not be corrected and Scope changed accordingly for reduced Prices.

**Uncorrected Defects

**44.1** Contractor can assess costs of uncorrected defects and charge Subcontractor.

## Section 5 – Payment

### Assessing the Amount Due

**50.1** Contractor to assess the amount due at each assessment day.

**50.2** Subcontractor to include in application explanation of build-up.

**50.4** If Subcontractor does not submit application on time, it will be assessed as zero that period.

**50.5** Contractor may make own assessment of application if they consider one submitted to be incorrect.

**50.6** Subcontractor liable for delay damages for each day beyond Completion Date.

**50.7** Retention amount will be withheld from applications and paid upon Completion/Defect Certificate.

**50.8** 25% PWDD can be withheld if no 1st programme issued showing information Scope requires.

### Payment

**51.1** Payment made within 3 weeks of assessment date and is a cumulative application.

**51.2** Interest recoverable on late or corrected items.

## Section 6 – Compensation Events

### Compensation Events

**60.1** List of what events would be valid compensation events (12 reasons).

**60.2** Any ambiguity in Site Information favours Subcontractor.

### Notification

**61.1** Contractor or Subcontractor may notify a compensation event.

**61.2** Subcontractor submits quote within one week if Contractor notifies, or includes quote in their notification.

**61.3** Subcontractor may be time barred if not notifying compensation event within three weeks.

### Quotations

**62.1** Subcontractor can state assumptions upon which quotation is based.

**62.2** Contractor replies to quotation within period stated in Subcontract data.

**62.3** Non-response to quotation within contractual timescales means deemed acceptance.

**62.4** Contractor assesses quotation within one week if Subcontractor does not issue on time.

**62.5** Contractor may state assumptions if assessing the quotation value which may then be corrected later.

### Assessment

**63.1** Price List used for compensation events that only change quantity.

**63.2** Other events will be assessed upon actual/forecast Defined Cost.

**63.3** Rates or lump sums may be used by agreement to assess compensation events.

**63.5** New People Rates by agreement or by Contractor assessment for any missing categories.

**63.7** Risk may be included within quotation and requires Subcontractor to react promptly to event.

**63.8** Details how ambiguities will be assessed in terms of a compensation event.

**63.10** Confirms agreed compensation events not revised.

##  Section 7 – Title

**70.1** Subcontractor has no title to anything found/existing on the site.

**70.2** Subcontractor has title to materials from excavation and demolition.

## Section 8 – Risks and Insurance

**80.1** List of Contractor’s liabilities.

**81.1** List of Subcontractor’s liabilities.

**82**  Recovery of costs between Subcontractor/Contractor.

**83** Insurance policies and who needs to provide what to whom.

##  Section 9 – Termination

**90.1** List of valid reasons for termination.

**91**  Procedures to follow upon termination.

**92** Payment rules upon termination.

**93** Dispute resolution adjudication process and rules.

[NEC4 ECSS – High Level User Guide – GMH Planning (FINAL)](https://gmhplanning.co.uk/wp-content/uploads/2025/05/NEC4-ECSS-High-Level-User-Guide-GMH-Planning-FINAL.pdf)[Download](https://gmhplanning.co.uk/wp-content/uploads/2025/05/NEC4-ECSS-High-Level-User-Guide-GMH-Planning-FINAL.pdf)

## Topics

**NEC Contract Editions:** [NEC4](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_type/nec4.md)

**NEC Contract Versions:** [NEC Engineering & Construction Subcontract (ECS)](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_version/nec-engineering-construction-subcontract.md), [NEC Engineering and Construction Short Contract (ECSC)](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/nec_contract_version/nec-engineering-and-construction-short-contract-ecsc.md)

**Download Categories:** [Overview and introduction](https://gmhplanning.co.uk/wp-content/uploads/wp-mfa-exports/taxonomy/download_category/overview-and-introduction.md)