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NEC3: Engineering and Construction Subcontract (ECS)

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More Information
ISBN 9780727758811
Publication Status Current
Publication Date 01/04/2013
Format (Paperback, Hardback etc) Paperback
Brand / Publisher NEC
Publisher ICE Publishing
The subcontract is intended for use in appointing a subcontractor where the contractor has been appointed under the NEC3 Engineering and construction options, the available secondary options, schedules of cost components and contract data.
OGC endorsement of NEC3;
Construction Clients' Board endorsement of NEC3
The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction.
Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.


Core clauses

• 1 General style
• 2 The Subcontractor’s main responsibilities
• 3 Time
• 4 Testing and Defects
• 5 Payment
• 6 Compensation events
• 7 Title
• 8 Risks and insurance
• 9 Termination

Main Option clauses

• A Priced subcontract with activity schedule
• B Priced subcontract with bill of quantities
• C Target subcontract with activity schedule
• D Target subcontract with bill of quantities
• E Cost reimbursable subcontract

Dispute resolution

• W1 Option W1
• W2 Option W2

Secondary Option clauses

• X1 Price adjustment for inflation
• X2 Changes in the law
• X3 Multiple currencies
• X4 Parent company guarantee
• X5 Sectional Completion
• X6 Bonus for early Completion
• X7 Delay damages
• X12 Partnering
• X13 Performance bond
• X14 Advanced payment to the Subcontractor
• X15 Limitation of the Subcontractor’s liability for his design to reasonable skill and care X16 Retention
• X17 Low performance damages
• X18 Limitation of liability

• Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996
• Y(UK)3 The Contracts (Rights of Third Parties) Act 1999
• Z Additional conditions of subcontract

Note Options X8 to X11 and Y(UK)1 are not used Schedule of Cost Components
Shorter Schedule of Cost Components Subcontract Data