ECC Clause 11 – Defined terms

Any capitalised terms within the contract mean that they are a defined term of which a definition will be found in section 11 of the contract, whilst any italicised terms within the contract will be quantified within Contract Data Part 1 of a particular contract. Within the contract and throughout these guidance notes, “the Parties” are the Contractor and the Employer, whilst any reference to the “Project Manager”  is the Employer’s representative and the person who is administering the project on behalf of the Employer. There are a number of defined terms that are spread through out the contract that in particular have implications on time/programme listed belowthat are useful to understand in order to produce a programme:

– Contract Date – date when this contract came into existence (there is a legal interpretation on when this happens but in its simplest terms think of it as when both parties enter into a contract)

– starting date – identified in contract data part one (normally the same as Contract Date but can be later when an Employer has engaged a Contractor to secure them but does not want them to start work on the project for a while)

– Accepted Programme – programme identified in the contract data or the latest accepted by the Project Manager

– Access date(s) – identified in contract data part one

– Completion – when Contractor has done all the work stated in Works Information by the Completion Date and completed any defects that would prevent employer from using the works. (note – this is NOT defect free, just those that would stop the Employer from using the works)

Completion Date – completion date in contract data unless changed in accordance with the contract – i.e. (implemented compensation events or acceleration).

– planned Completion – when the Contractor plans to complete their work

– Key Date – certain items of work as identified in contract data part one is to meet a certain condition by a certain date as stated in contract data one

– Sectional Completion – if secondary option X5 is chosen. Employer will take over a certain area of the works by a certain date, with likely financial penalty in Contractor misses this date for a reason that was his risk under the contract.