NEC4.

Format:

Book

Author/Creator:

Gerrard, Robert Alan.

Contributor:

Waterhouse, Patrick.

Language:

English

Physical Description:

1 online resource (217 pages)

Edition:

2nd ed.

Place of Publication:

Leeds : ICE Publishing, 2025.

Summary:

NEC4: Practical Solutions, Second edition is a practical 'how to' guide that addresses common challenges faced by users of the NEC4 contracts. It is an essential and informative resource for professionals across various roles who work with the NEC contracts.

Contents:

Intro

Half Title Page

Title Page

Copyright Page

Contents

Preface

About the authors

Abbreviations

Chapter 1: General

1. Dealing with head office overheads in the Term Service Contract (TSC) (clauses 11.2(22) and 11.2(23))

2. Spirit of mutual trust and co‐operation (clause 10.1)

3. What is Site Information? (clause 11.2(18))

4. What is the Early Warning Register? (clause 11.2(8))

5. Establishing a cut‐off between genuine cost in Providing the Service and what is effectively a head office cost in the TSC (clause 11.2(15))

6. What is a Subcontractor? (clause 11.2(19))

7. Are in‐house designers Subcontractors? (clause 11.2(19))

8. How do we sign the contract? (clause 12)

9. Mutual agreement to revise the Activity Schedule (clause 12.3)

10. Instructing an additional section of the works (clause 12.3)

11. Should we consolidate tender documentation? (clause 12.4)

12. What is the status of verbal instructions? (clause 13.1)

13. Can you confirm verbal instructions? (clause 13.1)

14. Should we act on verbal instructions? (clause 13.1)

15. Using a communication system (clause 13.2)

16. Can the Supervisor be the Project Manager? (clause 14)

17. Do we approve or accept? (clause 14.1)

18. Could extensive Project Manager's instructions render our contract void? (clause 14.3)

19. What is the interaction between early warnings, the Early Warning Register and compensation events? (clause 15)

20. What do we do about the late notification of early warnings? (clause 15)

21. How do we deal with the lack of early warning notifications? (clause 15)

22. Value engineering (clause 16)

23. How do we deal with ambiguities in the Engineering and Construction Short Contract (ECSC)? (clause 17)

24. Can a staff agency be called a Subcontractor? (clause 11.2(19)).

25. Omitting work (clause 14.3)

Chapter 2: The Contractor's main responsibilities

26. Refusing to do what the Scope requires (clause 20.1)

27. Who is responsible for design? (clause 21.1)

28. Requesting more design information (clause 21.1)

29. Proceeding with the work prior to acceptance (clause 21.2)

30. Requesting the design of Equipment (clause 23.1)

31. Changing key people (clause 24.1)

32. Not providing services and other things as stated in the Scope (clause 25.2)

33. Missing a Key Date (clause 25.3)

34. Quality control of the supply chain (clause 26.2)

35. Working with Others (clause 27.1)

36. No acceptance before subcontracting (clause 26.2)

Chapter 3: Time

37. Can a Completion certificate also be a payment certificate? (clause 30)

38. Has Completion been achieved? (clause 30.2)

39. What goes onto the first Accepted Programme? (clause 31)

40. Incorporating a programme into Subcontract Scope (clause 31)

41. Programme float and time risk allowances (clause 31)

42. What becomes of a tender programme? (clause 31)

43. What do we do if the programme shows a wrong date? (clause 31)

44. Programme not being responded to by the Project Manager (clause 31.3)

45. Problems with a programme submitted at the tender stage (clause 32)

46. Lack of acceptance of programmes (clause 32)

47. Showing non‐implemented compensation events on a programme (clause 32)

48. Take over and its effect on liability (clause 35)

49. A Client's liability? (clause 35)

50. Damage by Others after take over (clause 35.2)

51. Where use of the works may not constitute take over (clause 35.2)

52. The interaction between take over, Completion and delay damages (clause 35.2)

53. No revised programmes submitted (clause 32)

54. Take over (clause 35.3).

55. Mobilisation and demobilisation plans (clauses 33 and 34)

56. Can the programme ever be automatically deemed accepted? (clause 31.3)

Chapter 4: Testing and defects

57. Frustrated Supervisor! (clause 41.1)

58. What does 'unnecessary' mean? (clause 41.5)

59. Charging costs incurred for repeating tests and inspections (clause 41.6)

60. Is there a snagging list? (clause 43.2)

61. Pro forma for latent Defects (clause 43.2)

62. Constraints in the Scope (clause 43.2)

63. Dealing with a Defect (clause 44)

64. Dealing with Defects after Completion (clause 44)

65. No operational and maintenance manuals! (clause 44)

66. Disputing the Defect (clause 44)

67. Quality control in the ECC (clause 44)

68. Consequential costs of Defects (clause 44)

69. Defects arising after the Defects Certificate is issued (clause 44.3)

70. Accepting a Defect (clause 45)

71. Not getting access to correct Defects (clause 46)

72. Whether the Contractor comes back or not (clause 46)

73. Defects after the Defects Certificate is issued (clause 43.2)

Chapter 5: Payment

74. Making applications for payment (clause 50.1)

75. Calculating the final account (clause 50.1)

76. Assessing the amount due (clause 50.3)

77. Retaining money due to non‐compliant programmes (clause 50.3)

78. Application for payment (clause 50.4)

79. No compliant programme is ever submitted (clause 50.5)

80. Retaining monies when a programme is not accepted (clause 50.5)

81. Pay less notices and delay damages in the Engineering and Construction Short Contract (ECSC) (clause 50.3)

82. Error in the ECSC Price List (clause 50.3)

83. Difference in payment periods between the ECC and ECSC (clause 51)

84. Can the Contractor owe money to the Client? (clause 51.2)

85. Payment in the ECSC (clause 51.2).

86. Can we add corporation tax to the Fee? (clause 52.1)

87. What to include in the Fee? (clause 52.1)

88. Passing on discounts (clause 52.1)

89. The final assessment (clause 53)

90. The Contractor's application for payment (clause 50)

91. Can the Client keep the retained quarter of the Price for Work Done to Date? (clause 50.5)

92. What is a market rate? (clause 52.1)

Chapter 6: Compensation events

93. Omitting work under Engineering and Construction Contract (ECC) Option A (clause 60.1(1))

94. Inconsistencies in the Scope (clause 60.1(1))

95. Why is accepting a Defect not a compensation event? (clause 60.1(1))

96. Are compensation events claims? (clause 60.1)

97. Stopping the work (clause 60.1(4))

98. Dealing with Others (clause 60.1(5))

99. Late decisions (clause 60.1(6))

100. Objects of interest (clause 60.1(7))

101. Not accepting the design (clause 60.1(9))

102. Tests and inspections that the Scope requires (clause 60.1(10))

103. Unnecessary time for tests and inspections (clause 60.1(11))

104. Interpreting physical conditions (clause 60.1(12))

105. Underground mine workings (clause 60.1(12))

106. What are physical conditions? (clause 60.1(12))

107. Weather risk (clause 60.1(13))

108. Take over (clause 60.1(15))

109. Assumptions made by the Project Manager (clause 60.1(17))

110. Prevention (clause 60.1(19))

111. Poor Site Information (clause 60.2)

112. Mistakes in a Bill of Quantities (clause 60.6)

113. Error in the Bill of Quantities caused by the Contractor (clause 60.6)

114. The difference between clauses 61.1 and 65.1

115. The time bar under clause 61.3

116. Project Manager's failure to respond (clause 61.4)

117. Link between early warnings and compensation events (clause 61.5)

118. Compensation events after Completion (clause 61.7).

119. Additional work after Completion (clause 61.7)

120. Obtaining different quotes for the same compensation event (clause 62.1)

121. Updating for remaining work (clause 62.2)

122. Proposed changes to which programme? (clause 62.2)

123. Accepting quotations in a timely manner (clause 62.3)

124. Failing to respond (clause 62.3)

125. What programme should we use when assessing the impact of compensation events? (clause 63.1)

126. Using the Short Schedule of Cost Components (SSCC) for Subcontractor's costs (clause 63.1)

127. Forecasting the Defined Cost (clause 63.1)

128. Using the fee percentage (clause 63.1)

129. Recovering the cost of additional Site staff (clause 63.1)

130. Charging for staff time in a compensation event (clause 63.1)

131. People costs in a compensation event quotation (clause 63.1)

132. Are compensation event quotations based on actual cost? (clause 63.1)

133. Compensation event quotations and Subcontractors (clause 63.1)

134. People not working in the Working Areas (clause 63.1)

135. Extensions of time (clause 63.5)

136. Dominant cause of delay (clause 63)

137. Dealing with multiple programmes that have not been accepted (clause 63)

138. Which programme to use when assessing compensation events (clause 63.5)

139. Including risk in compensation events (clause 63.8)

140. Inconsistencies in the Contractor's Scope (clause 63.10)

141. Unclear Scope (clause 63.10)

142. Contractor not assessing compensation events (clause 64.1)

143. When is a compensation event 'implemented'? (clause 66.1)

144. What is an implemented compensation event? (clause 66.1)

145. Having your cake and eating it! (clause 66.3)

147. Rolling up compensation events (clause 66)

148. Extending time for the submission of a quotation for a compensation event (clause 62.5).

149. Using existing Bill of Quantities rates (clause 63.1).

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

1-83708-956-6

9781837089567

OCLC:

1545642390