NEC3 Overview and Introduction to the Engineering and Construction Subcontract (ECS)

This one-day workshop introduces you to the common philosophies of the NEC family of contracts and focuses in more detail upon the key mechanics and provisions of the NEC3 Engineering and Construction Subcontract (ECS).  This is the main contract that will be used to administer works between a Contractor and a Subcontractor and allows a Contractor to pass down the similar contractual terms that they will have between themselves and an Employer under the Engineering and Construction Contract (ECC).

You will gain an understanding of the key aspects of ECS from both Parties perspectives. It will emphasize the importance of administering this form of contract during the life of a project rather than “leaving it in a drawer”, as being contractual should be viewed very much as being proactive rather than being considered negatively.  The session will review the contract strategy options between the primary ECS options A-E as well as the choice of secondary options that are available, all of which alter the risk profile and the payment mechanisms on a given project.

The workshop will then review the key contractual clauses and mechanisms throughout the contract, including the responsibilities of the Contractor/Subcontractor; flow of communication; early warnings; provisions for time and programme; testing and defects; payment; compensation events; risk and insurance and dispute avoidance. It considers how the contract if administered as intended should raise the level of understanding and transparency between the Parties involved and how the ECS contract can contribute to the effective management of a project to achieve the project objectives using a collaborative, transparent approach.

Attendees of this course will have a much clearer understanding of the intent of the specific contractual clauses and in practical terms begin to see how they should administer them for the benefit of all parties on a particular project.

You will learn about:

• the philosophy and commonality amongst all the contracts within the suite of NEC3 contracts
• the use and appropriate contract strategy to adopt when choosing both primary(A-F) options and secondary (X1-X20) options
• appreciating the use of Subcontract Data, Works Information and Site Information
• consider factors involved when preparing tender documents and assessing tender submissions
• consider common amendments that are often made in the form of “Z clauses” and their potential to alter the dynamics or risk profile of an un-amended contract
• roles and responsibilities of key parties
• the important ECS clauses and processes, in particular early warning, the programme, Risk Register, communications and compensation events
• Understand how to apply ECS in practice and achieve satisfactory solutions to problems

You can view all of our NEC3 and NEC4 Training courses here.