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NEC4 ECS clause index

166 references from the NEC4 Engineering and Construction Subcontract, grouped by topic. These are our own plain words, not the contract's wording, so keep your own copy to hand.

General rules and communications

ClauseIn plain English
13.1Every communication the subcontract calls for has to be something that can be read, copied and kept on record. Guide
13.3Where the subcontract asks for an answer, it is given within the period for reply unless the subcontract says otherwise. Guide
13.4The Contractor answers anything sent for acceptance: it accepts it, or explains why not so the Subcontractor can send it again. Guide
13.5The period for reply to a communication can be extended only if both agree before the reply is due. Guide
X4.1(Option X4) The Subcontractor gives the Contractor a guarantee from its ultimate holding company, in the form the Subcontract Scope sets out Guide
X10.4(Option X10) The Subcontractor sends its Information Execution Plan for acceptance, and a revised one when instructed Guide
X13.1(Option X13) A performance bond is provided to the Contractor by the Subcontractor, from a bank or insurer the Contractor has accepted Guide
X16.3(Option X16) The Subcontractor may give a retention bond, from a bank or insurer, in the form the Subcontract Scope sets out Guide
Y3.3(Option Y(UK)3) The Contractor tells the Subcontractor the name of a beneficiary that the Subcontract Data describes only by type Guide

Instructions

ClauseIn plain English
14.3An instruction altering the Subcontract Scope or a Key Date Guide
15.2An instruction to attend an early warning meeting Guide
16.2An instruction changing the Subcontract Scope after accepting a proposal from the Subcontractor to reduce what the Contractor pays Guide
17.1An instruction saying how an ambiguity or inconsistency between the documents is to be resolved Guide
17.2An instruction changing the Subcontract Scope because it asks for something illegal or impossible Guide
19.1An instruction on how to handle an event that prevents the work (prevention) Guide
23.1An instruction to send the design of an item of Equipment for acceptance Guide
24.2An instruction, with reasons, to remove a person from the work Guide
32.2An instruction to send a revised programme Guide
34.1An instruction to stop work or not to start it Guide
34.1An instruction that stopped work may restart or start, or that it is taken out of the Subcontract Scope Guide
36.1An instruction to quote for finishing early (acceleration) Guide
40.3An instruction to put right a failure to follow the quality plan Guide
43.1An instruction, with reasons, to search for a Defect Guide
45.2An instruction accepting a Defect instead of having it corrected (for lower Prices, an earlier Subcontract Completion Date or both) Guide
60.6(Options B and D) An instruction correcting a mistake in the Bill of Quantities Guide
62.1An instruction to send alternative quotations for a compensation event Guide
73.1An instruction on what to do with a valuable or historic object found on the Site Guide
92.2An instruction on termination to leave the Site, take away Equipment, Plant and Materials, and pass over the benefit of subsubcontracts Guide

Early warnings

ClauseIn plain English
15.1A rise in the total of the Prices Guide
15.1A delay to Completion Guide
15.1A delay in meeting a Key Date Guide
15.1Poorer performance of the subcontract works once in use Guide
15.1A rise in the Subcontractor's own total cost (a warning the Subcontractor may give) Guide
15.1Either side warns the other as soon as it knows of something that could push up the total of the Prices, or delay Completion or a Key Date, or harm how the subcontract works perform in use. The Contractor puts each one on the Early Warning Register. Guide
15.3An early warning meeting looks for ways to avoid or reduce the registered matters, agrees who does what about them, and decides which have been dealt with or have passed and can come off the Register. Guide
15.4After each early warning meeting the Contractor updates the Early Warning Register with the decisions taken and sends it to the Subcontractor, with an instruction for any change to the Subcontract Scope those decisions need. Guide

Submissions for acceptance

ClauseIn plain English
21.2The Subcontractor sends the details of its design that the Subcontract Scope calls for to the Contractor for acceptance, and holds back the work it covers until it is accepted. Guide
21.2The design does not meet the Subcontract Scope Guide
21.2The design does not meet the applicable law Guide
23.1When the Contractor instructs it, the Subcontractor sends the design of an item of Equipment for acceptance. Guide
23.1With the item as designed, the subcontract works could not be provided as the Subcontract Scope requires Guide
23.1With the item as designed, the subcontract works could not be provided in line with the Subcontractor's accepted design Guide
23.1With the item as designed, the subcontract works could not be provided within the applicable law Guide
24.1The Subcontractor proposes someone to replace a key person named in the Subcontract Data, with their name, relevant qualifications and experience, for acceptance. Guide
24.1The proposed person is less qualified or experienced for the job than the key person they replace Guide
26.2The Subcontractor sends the name of each firm it proposes to subcontract work to, for acceptance before it appoints them. Guide
26.2Appointing them would stop the Subcontractor providing the subcontract works Guide
26.3The Subcontractor sends the documents it proposes for each of its subsubcontracts (pricing left out) for acceptance. This is not needed for an NEC form used without changes, or where the Contractor has agreed to do without it. Guide
26.3The documents would stop the Subcontractor providing the subcontract works Guide
26.3The documents leave out a statement that the parties will work together in mutual trust and co-operation Guide
40.2Within the period in the Subcontract Data, the Subcontractor gives the Contractor its quality policy statement and quality plan for acceptance, and any changed quality plan later. Guide
40.2The quality policy statement or quality plan would not let the Subcontractor provide the subcontract works Guide
55.3(Option A) When the Subcontractor changes how it plans to work, or corrects the activity schedule to match the Subcontract Scope, it sends a revised activity schedule for acceptance. Guide
55.4(Option A) The revised schedule does not match the operations in the Accepted Programme Guide
55.4(Option A) Changed Prices are not spread reasonably across the activities Guide
55.4(Option A) The total of the Prices has changed Guide
84.1Before the subcontract starting date and at each renewal, the Subcontractor sends certificates, signed by its insurer or broker, showing the insurance the subcontract requires is in force, for acceptance. Guide
84.1The insurance does not meet what the subcontract requires Guide
X4.1(Option X4) The Subcontractor gives the Contractor its ultimate holding company's guarantee of its performance, worded as the Subcontract Scope sets out Guide
X13.1(Option X13) A performance bond for the amount in the Subcontract Data, given to the Contractor by the Subcontractor from a bank or insurer the Contractor has accepted Guide
X13.1(Option X13) The bank or insurer is not financially strong enough to back the bond Guide
X14.2(Option X14) Where the Subcontract Data asks for an advanced payment bond, the Subcontractor provides it from a bank or insurer the Contractor has accepted Guide
X14.2(Option X14) The bank or insurer is not financially strong enough to back the bond Guide

Key Dates

ClauseIn plain English
25.3If a Key Date's Condition is not met in time and the Contractor has to pay more as a result, the Subcontractor pays that extra cost, as assessed by the Contractor. Guide
30.3Each Key Date's Condition has to be met by that Key Date; that is the Subcontractor's responsibility. Guide

Programme

ClauseIn plain English
31.1Unless the Subcontract Data already names a programme, the Subcontractor sends its first programme for the Contractor to accept, within the period the Subcontract Data sets. Guide
31.2A programme sent for acceptance is in the form the Subcontract Scope asks for and sets out, among other things: planned Completion; the Subcontract Completion Date, Key Dates, subcontract starting date and subcontract access dates; the order and timing of the Subcontractor's work and of work by others; when each Key Date's Condition will be met; float, time risk allowances and health and safety needs; when the Subcontractor needs access, acceptances, things to be provided and information; and how each operation will be done. Guide
31.3The Contractor answers a programme sent for acceptance within the period allowed, either accepting it or explaining why not. Guide
31.3The Contractor accepts the programme. Guide
31.3The Contractor rejects the programme for one of the reasons the subcontract allows: its plans are impractical, it leaves out required information, it is unrealistic about the Subcontractor's plans, or it conflicts with the Subcontract Scope. Guide
31.3If the Contractor neither accepts nor rejects a programme in time, the Subcontractor may notify that failure. If there is still no answer in the further time the subcontract allows, the programme counts as accepted. Guide
32.1A revised programme records progress and how it affects the remaining work, the effect of compensation events, the plan for delays and notified Defects, and any other changes the Subcontractor wants to make. Guide
32.2The Subcontractor sends a revised programme for acceptance when instructed (within the period for reply), whenever it chooses, and at least as often as the Subcontract Data requires. Guide

Tests and inspections

ClauseIn plain English
41.1The Subcontract Scope and the law set out which tests and inspections are done, and the Subcontract Scope says who does each one. Guide
41.2The Contractor (and the Subcontractor, where the Subcontract Scope says so) provides what tests and inspections need: the materials, facilities and samples the Subcontract Scope sets out. Guide
41.3Each side tells the other before it starts each of its tests or inspections. The Subcontractor warns early enough for the test or inspection to be set up and carried out before any work that would cover it up. Guide
41.3Each side tells the other the results of each of its tests and inspections. Guide
41.3The Contractor may watch any test the Subcontractor does. Guide
41.4If a test or inspection shows a Defect, the Subcontractor corrects it and the test or inspection is done again. Guide
41.5The Contractor carries out its tests and inspections without holding up the work, or a payment that depends on a test passing, more than it needs to. Guide
41.6When a test or inspection has to be done again because it found a Defect, the Contractor assesses what the repeat cost the Contractor, and the Subcontractor pays that. Guide
42.1Plant and Materials that the Subcontract Scope says are tested or inspected before delivery are not brought to the Working Areas until the Subcontractor has been told that they passed. Guide

Searching for Defects

ClauseIn plain English
43.1A search may mean opening up work and putting it back (uncovering and re-covering, taking apart and re-erecting), supplying what tests and inspections need, and carrying out tests and inspections beyond those the Subcontract Scope asks for. Guide

Defects

ClauseIn plain English
43.2Up to the defects date, each side tells the other of every Defect it finds, straight away. Guide
44.2A notified Defect has to be put right by the Subcontractor before its defect correction period ends. Guide
46.1If the Subcontractor had access but left a notified Defect uncorrected in time, the Contractor assesses what it costs to have others correct it, and the Subcontractor pays that. Guide
46.2Where the Subcontractor is not given access to put right a notified Defect by the defects date, it pays the Contractor's assessment of what the repair would have cost it. Guide
X18.6(Option X18) The Subcontractor is liable for a matter only if it was notified before the end of liability date Guide

Payment

ClauseIn plain English
50.1The amount due is assessed by the Contractor on each assessment date, which comes round at the interval set in the Subcontract Data. Guide
50.2Before each assessment date the Subcontractor sends the Contractor an application for payment, setting out the amount it considers due and how it was worked out. Guide
50.5If the Subcontract Data names no programme, the Contractor holds back a quarter of each assessment's Price for Work Done to Date until the Subcontractor sends a first programme with all the information the subcontract requires. Guide
51.1Payment certificates are issued by the Contractor within the time allowed after each assessment date. Guide
51.2Each certified sum is paid within the time allowed; any late payment, including one late because no certificate was issued, carries interest. Guide
51.3An amount corrected in a later certificate carries interest. Guide
X7.1(Option X7) The Subcontractor pays the daily delay damages in the Subcontract Data for each day Completion is later than the Subcontract Completion Date Guide
Y2.3(Option Y(UK)2) To pay less than the notified sum, a Party gives notice of the sum it considers due, and the basis for it, no later than the prescribed period (seven days) ahead of the final date for payment. Guide

Final assessment

ClauseIn plain English
53.1The Contractor assesses the final amount due, and certifies any final payment, within the time the subcontract allows after the Defects Certificate (or a termination certificate). Guide
53.2If the Contractor does not make the final assessment in time, the Subcontractor may send its own assessment of the final amount due, with the details. Guide
53.3The final assessment becomes conclusive unless a Party refers a dispute about it within the time the subcontract allows. Guide

Termination

ClauseIn plain English
53.1After a termination certificate the final amount due is assessed within the stated time, as the final assessment. Guide
90.1To terminate, a Party tells the other Party and the Contractor, giving its reason. Guide
90.1The Contractor certifies termination to both Parties promptly when the reason given is one the subcontract allows. Guide
91.2If the Subcontractor does not put right in time a default the Contractor notified, the Contractor may terminate. Guide
91.3If the Subcontractor does not stop in time a default it was told of, the Contractor may terminate. Guide
91.4An amount due left unpaid for the stated weeks after it should have been paid lets the Subcontractor terminate. Guide
92.1What happens on termination: the Contractor may finish the subcontract works, and the other procedures the Termination Table names for the reason. Guide
93.1What the amount due on termination is made up of, with the items the Termination Table adds or takes off for the reason. Guide

Compensation events

ClauseIn plain English
60.1(1)The Contractor changes the Subcontract Scope by instruction (except one made to accept a Defect, or one altering the Subcontractor's own design at the Subcontractor's request or to fit other Subcontract Scope) Guide
60.1(2)Access to part of the Site comes late: after both its subcontract access date and the date on the Accepted Programme Guide
60.1(3)Something the Contractor has to provide arrives later than the Accepted Programme shows Guide
60.1(4)The Contractor instructs that work stops or does not start, or changes a Key Date Guide
60.1(5)The Contractor, the Client or Others work outside the times on the Accepted Programme or the conditions in the Subcontract Scope, or do Site work the Subcontract Scope leaves out Guide
60.1(6)A communication from the Subcontractor gets no reply from the Contractor in the time the subcontract sets Guide
60.1(7)The Contractor instructs what to do with a valuable or historic object found on the Site Guide
60.1(8)The Contractor goes back on a decision already given to the Subcontractor Guide
60.1(9)The Contractor withholds an acceptance for a reason the subcontract does not give (acceptance of an acceleration quotation, or of a quotation for leaving a Defect, excepted) Guide
60.1(10)A search for a Defect is instructed and finds none (unless it was needed only because the Subcontractor gave too little notice of work that would block a required test or inspection) Guide
60.1(11)The Contractor holds work up unnecessarily with a test or inspection Guide
60.1(12)The Subcontractor finds physical conditions on the Site, other than weather, so unlikely, as seen at the Subcontract Date, that an experienced subcontractor could not reasonably have allowed for them (only the part beyond a reasonable allowance counts) Guide
60.1(13)A month's weather, recorded before the Subcontract Completion Date at the place the Subcontract Data names, that the weather data shows to happen, on average, less often than once in ten years (only the excess counts) Guide
60.1(14)An event that the subcontract's conditions list among the Client's or the Contractor's liabilities Guide
60.1(15)Part of the subcontract works is taken over (and certified) while Completion and the Subcontract Completion Date are both still to come Guide
60.1(16)The Contractor fails to supply the materials, facilities or samples for testing that the Subcontract Scope says it will Guide
60.1(17)The Contractor corrects an assumption it gave about a compensation event Guide
60.1(18)Any other breach of subcontract by the Contractor that no other compensation event covers Guide
60.1(19)An event neither Party could prevent, so unlikely, as seen at the Subcontract Date, that an experienced subcontractor could not reasonably have allowed for it, which stops the Subcontractor finishing the subcontract works (or finishing by the Accepted Programme date) and is not another compensation event Guide
60.1(20)The Contractor turns down the Subcontractor's quotation for a proposed instruction Guide
60.1(21)An extra compensation event that the Subcontract Data lists happens Guide
60.4(Options B and D) The final quantity of an item differs from the Bill of Quantities, in the cases the subcontract sets out Guide
60.5(Options B and D) A quantity difference against the Bill of Quantities delays Completion or a Key Date Guide
60.6(Options B and D) A mistake in the Bill of Quantities is corrected Guide
61.1When the Contractor causes an event with an instruction, a notification, a certificate or a changed decision, the Contractor notifies it as a compensation event at that same time. Guide
61.2Along with the notification, the Contractor asks the Subcontractor for quotations, unless the event is the Subcontractor's fault or quotations are already in. Guide
61.3The Subcontractor notifies an event it believes is a compensation event that the Contractor has not notified. If it is late (outside the time the subcontract allows), the Prices and dates do not change, unless the event came from an instruction, notification, certificate or changed decision of the Contractor. Guide
61.4The Contractor answers a compensation event the Subcontractor has notified within the time allowed: either nothing changes, or the Subcontractor is to send quotations. Guide
61.4This is a compensation event, and the Subcontractor is to send quotations. Guide
61.4The Prices and dates stay as they are: the event is the Subcontractor's fault, or it has not occurred and is not expected to, or it was notified too late, or it does not affect Defined Cost, Completion or a Key Date, or the subcontract does not list it as a compensation event. Guide
61.4If the Contractor gives no answer, the Subcontractor may notify that failure. If there is still no answer in the time the subcontract allows, the event counts as a compensation event and quotations count as instructed. Guide
X2.1(Option X2) A change in the law of the Site's country that takes effect after the Subcontract Date Guide
X12.3(6)(Option X12) The Core Group changes the Partnering Information by instruction Guide
X12.3(7)(Option X12) The Subcontractor changes its programme to follow the Core Group's revised timetable Guide
X14.2(Option X14) The advanced payment is made late Guide
X15.2(Option X15) The Subcontractor corrects a Defect it is not liable for Guide

Replies and assessments

ClauseIn plain English
61.6Where the effects are too uncertain to forecast, the Contractor sets assumptions for the quotations, and notifies a correction if one turns out wrong. Guide
63.1The change to the Prices is worked out from the effect on what the work done before the dividing date actually cost (Defined Cost), what the work after it is forecast to cost, and the resulting Fee. That date is the day of the instruction, notification, certificate or changed decision behind the event; for any other event, the day it was notified. Guide
63.5The delay to the Subcontract Completion Date, or to a Key Date, is how much later the event makes planned Completion (or the planned date for meeting that Key Date's Condition) than the Accepted Programme shows as it stood at the dividing date. Guide
64.1The Contractor makes its own assessment if the Subcontractor has not quoted in time, has assessed the event wrongly and no revised quotation is asked for, has not sent a programme the subcontract requires, or its latest programme has not been accepted for a reason the subcontract gives. Guide
64.2With no Accepted Programme, or no programme from the Subcontractor as required, the Contractor assesses the event against its own view of the programme for the remaining work. Guide
64.3The Contractor gives its assessment, with the details, within the time the Subcontractor would have had to quote, counted from when the need for it became clear. Guide
64.4If the Contractor does not assess in time, the Subcontractor may notify that failure. If there is still no answer in the time the subcontract allows, the Subcontractor's quotation counts as accepted. Guide
66.1A compensation event is implemented once the Contractor accepts the quotation, notifies its own assessment, or a quotation counts as accepted. Guide
66.3Once implemented, a compensation event's assessment stays as it is, except where the subcontract allows a change. Guide

Quotations

ClauseIn plain English
62.2Each quotation sets out how much the Prices should change and any delay the event causes to Key Dates and the Subcontract Completion Date, with the working behind it and any changes the Accepted Programme needs. Guide
62.3The Subcontractor sends quotations within the time allowed after being asked for them. Guide
62.3The Contractor answers a quotation within the time allowed: an instruction to send a revised quotation, an acceptance, or notice that it will make its own assessment. Guide
62.3The quotation is accepted. Guide
62.3The Subcontractor is to send a revised quotation. Guide
62.3The Contractor will make its own assessment. Guide
62.4A revised quotation can be asked for only once the reasons have been explained; the Subcontractor sends it within the time allowed. Guide
62.5The time to send a quotation, or to answer one, can be extended only if both agree before it runs out. Guide
62.6If the Contractor does not answer a quotation in time, the Subcontractor may notify that failure. If there is still no answer in the time the subcontract allows, the quotation counts as accepted. Guide

Proposed instructions

ClauseIn plain English
65.1The Contractor may ask for a quotation for an instruction it is only proposing, saying by when it may give it; the Subcontractor does not act on it unless it is given. Guide
65.2The Contractor answers the quotation by the date it may give the instruction: an instruction to send a revised quotation, the instruction itself with the quotation accepted, or notice that the quotation is not accepted (no answer in time counts as not accepted). Guide
65.2The instruction is given, as a compensation event, and the quotation is accepted. Guide
65.2A revised quotation is asked for, with the reasons. Guide
65.2The quotation is not accepted. Guide

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General information in our own words, not legal advice. Your own contract, its Contract Data and any Z clauses decide.