ECC Section 2 – Contractors main responsibilities

This section is a reminder of some of the key contractor’s responsibilities under the contract.

NEC3 Clause 20.1 – A reminder that they provide the works in accordance with the works information. This is a simple but very important clause, as anything not in accordance with the Works Information the Contractor is instructed to do will become a compensation event (clause 60.1(1)).

NEC3 Clause 21 – Any elements of contractor design have to be issued for acceptance and become accepted prior to proceeding with that element. These acceptance periods have to be included within the contractor’s programme and often a matter that is overlooked.

Clause 24 – Contractor provides the Key People on the project that they committed to at tender stage, as this may well have been a factor on the contractor being awarded the contract in the first place. Should the Contractor want to replace a Key Person either at the start or during the contract then a suitable replacement person of equally qualification/experience should be put forward for acceptance, and accepted prior to putting on the job. This gives the Project Manager some control over the quality of the management for that project, particularly when the contract is a target cost or cost reimbursable type project (options C-F) and the Employer retains partial or full risk on the Contractors underperformance.

Clause 25 – Key Dates are reviewed more within the programme section of these guidance notes but are dates within Contract Data part 1 that the Contractor has to have achieved a certain level or state of work to allow the Employer to carry out their own element of work. These are separate to sectional completions and will be liable to the Contractor reimbursing the Employer for any cost that results from not meeting these dates, so an important element to understand if you have any on your project and what the likely extend of implications should you not meet them.

Clause 26 – Similar to clause 24 for key people, this requires the Contractor to submit the names of any subcontractors that they plan to use and have them accepted prior to awarding them any work. It again gives the Project Manager some control in the event that they have concerns or reasons that they feel a subcontractor would not deliver in accordance with the Works Information. It should be noted that if a contractor does engage with a subcontractor using an NEC form of contract then the terms of engagement also have to be issued to the Project Manager for acceptance.