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construction contract and commercial consultants

NEC3 Suite of Contracts, 2013 update

The NEC has today (22 April 2013) issued its 2013 amendment to the NEC3 suite of Contracts and new box sets are now available; for more information, click here.

So what has changed? Firstly, the box set now contains additional guidance notes as listed below, plus a new Professional Services Short Contract:

  • how to write the ECC Works Information
  • how to use the ECC communication forms
  • how to write the PSC Scope
  • how to use the PSC communication forms
  • how to write the TSC Service Information
  • how to use the TSC communication forms
  • how to use BIM with NEC3 Contracts
  • New communications forms
  • Project Bank Account provisions and clauses
  • Construction Act amendments incorporated throughout
  • CIC BIM protocol references
  • New endorsements including: Government FM Category Board
  • support from APM/BIFM for individual contracts

The actual amendments to the contracts are minor and, for the ECC, include such things as:

  • A rewording of some of the compensation event notification procedures, including clarification that the Project Manager must notify the Contractor of compensation events arising from the Project Manager or Supervisor giving an instruction, issuing a certificate, changing an earlier decision or correcting an assumption.
  • The Project Manager and Contractor can now agree to value a compensation event using rates and/or lump sums in Options C, E and F (previously it was just in Options A, B and D).
  • The Adjudication procedure has been amended to comply with the new Construction Act in regard to the final date for payment for an adjudicator’s re-assessment of a notified sum due, in regard to the allocation of his fees and expenses and in regard to the ‘slip rule’.
  • The Payment provisions are now compliant with the new Construction Act.
  • Provision for Project Bank Accounts has been incorporated into secondary option Y(UK)1 for UK contracts.
For further information, please contact us.

Written by Steven Evans who is a construction contract and commercial expert.

This article is for general information purposes only and should not be relied upon in any specific situation without appropriate legal advice. If you require that advice or wish to discuss any of the issues raised in this article, please contact us.