NEC4: Engineering and Construction Subcontract

The NEC4: Engineering and Construction Subcontract (ECS) is intended for use in appointing a subcontractor where the contractor has been appointed under the NEC4 Engineering and Construction Options, the available secondary options, schedules of cost components and contract data.

The NEC4 Engineering and Construction Subcontract uses clear and professional language, thus promoting fair dealing and greater certainty, as do all NEC4 Contracts.

Core Clauses

• 1 General
• 2 The Subcontractor’s main responsibilities
• 3 Time
• 4 Quality management
• 5 Payment
• 6 Compensation events
• 7 Title
• 8 Liabilities and insurance
• 9 Termination

 
Main Option Clauses

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

 
Resolving and Avoiding Disputes

• Option W1
• Option W2

 
Secondary Option Clauses

• Option X1: Price adjustment for inflation (used only with Options A, B, C and D)
• Option X2: Changes in the law
• Option X3: Multiple currencies (used only with Options A and B)
• Option X4: Ultimate holding company guarantee
• Option X5: Sectional Completion
• Option X6: Bonus for early Completion
• Option X7: Delay damages
• Option X8: Undertakings to the Client or Others
• Option X9: Transfer of rights
• Option X10: Information modelling
• Option X11: Termination by the Contractor
• Option X12: Multiparty collaboration (not used with Option X20)
• Option X13: Performance bond
• Option X14: Advanced payment to the Subcontractor
• Option X15: The Subcontractor’s design
• Option X16: Retention
• Option X17: Low performance damages
• Option X18: Limitation of liability
• Option X20: Key Performance Indicators (not used with Option X12)
• Option X21: Whole life cost

Note Option X19 is not used

• Option Y(UK)1: Project Bank Account
• Option Y(UK)2: The Housing Grants, Construction and Regeneration Act 1996
• Option Y(UK)3: The Contracts (Rights of Third Parties) Act 1999
• Option Z: Additional conditions of subcontract

 

• Schedule of Cost Components
• Short Schedule of Cost Components
• Subcontract Data
• Part one – Data provided by the Contractor
• Part two – Data provided by the Subcontractor
• Index

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