Use the ECC when you want a defined piece of work finished by a date. Use the NEC term service contract (TSC) when you want a service kept up over a period, with work ordered as it arises. The first asks "is it built?", and the second asks "is it being looked after?"
Both are NEC4 forms described on our NEC contract types page, and their clause numbers overlap in many places, so it's easy to confuse them. Here is what changes.
Comparison table
| Topic | NEC4 ECC | NEC4 TSC |
|---|---|---|
| Purpose | Provide the works | Provide a service over a Service Period |
| Administrator | Project Manager and Supervisor | Service Manager does both |
| Time measure | Completion Date and Key Dates | Task Completion Dates; no Completion Date or Key Dates |
| Programme | Accepted Programme | Accepted Plan, plus any Task Order programmes |
| Clause 19 | Prevention | Task Orders |
| Main Options | A to F | A, C and E |
| Pricing document | Activity Schedule or Bill of Quantities | Price List |
| Compensation events | 21 core | 18 core, differently numbered |
| Weather and physical conditions | Compensation events | Not compensation events |
| Delay assessment | Effect on planned Completion (63.5) | Effect on planned completion of the Task (63.6) |
| Defects | Defects date, Defects Certificate, correction period | None of these; Defects are put right quickly enough to limit harm (43.3) |
| Final assessment trigger | After the Defects Certificate | After the end of the Service Period (53.1) |
| Payment amount based on | Price for Work Done to Date | Price for Service Provided to Date |
| Acceleration | Clause 36 | Not available |
How to choose when it isn't obvious
Three kinds of contract cause most of the debate.
A programme of similar small works
Take 40 bridge repairs across three years. If the list is known and each repair is similar, a single term contract with Task Orders will save a lot of procurement effort. If each repair is large and has its own risks, you may prefer several ECCs, perhaps placed through a Framework Contract. Either way, ask how much a Task Completion Date will protect you, compared with a full Completion regime with sections and damages.
Renewals inside a maintenance contract
A TSC can carry some capital work as Tasks, and that's often sensible for small items. However, the TSC has no weather or physical conditions events, so a Contractor pricing a deep excavation as a Task carries that risk unless the contract is changed. Expect a higher price, or take the work out and let it under an ECC.
Build and then maintain
One provider for both phases could point to the DBO. Different providers would mean an ECC followed by a TSC. In that case, define who is responsible for what at the point of handover.
Changes that catch people moving from ECC to TSC
- Different event numbers. 60.1(4) means a late Task Order in the TSC and a stop instruction in the ECC. The stop instruction is 60.1(5) in the TSC.
- Stopping work. The instruction is at 36.1 in the TSC, not 34.1. Clause 36 means acceleration in the ECC.
- Accepting a Defect. 44.2 in the TSC, 45.2 in the ECC.
- Removing a person. 22.2 in the TSC, 24.2 in the ECC.
- Tests. The numbers (41.1 to 41.6) are the same, but the Service Manager replaces the Supervisor.
- Task Orders aren't compensation events. In ECC thinking, new work means a change to the Scope. Under the TSC, ordering a Task is the normal course of the contract. The guide to Task Orders explains how it works.
What stays the same
The clause numbers for early warning (15.1 to 15.4), the compensation event procedure (61, 62, 64, 65, 66) and payment (50.1, 50.2, 50.5, 51.1 to 51.3) line up. A team that knows the ECC procedure will find the rhythm familiar. Don't assume the same period numbers for every contract, and if the TSC has been amended, read the changes first.
A quick decision guide
- Is the end result one defined asset by one date? Use the ECC.
- Is the need continuing and partly unknown? Use the TSC.
- Is the need continuing and mainly about managing buildings? Also read about the FMC.
- Is the service simple and low risk? Look at the TSSC.
Related guides
- NEC Contract Types: Which Form Do You Need?
- ECC vs PSC: Works or Professional Services?
- Back-to-Back NEC Subcontracts
- Task Orders Under NEC Term Service Contracts
- NEC4 Dispute Resolution Service Contract (DRSC)
- ECC vs ECSC: Full or Short Contract?
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