We are looking to place a contract using ECC option A (priced contract with activity schedule). The contract will have contractor-design elements. How do we incorporate the design element into the ECC contract and where would we include collateral warranties?
Answer
The default basis within ECC is employer-designed works. If you want the contractor to design part (or all) of the works then you must state this within the works information – this is as stated in clause 21.1. It could be simply a list of such parts together with design parameters, submission details and so on (see ECC guidance notes for greater detail on what to include in the works information).
Collateral warranties are not included in ECC and, if you need these, they would have to be added as an additional requirement in secondary option Z. Alternatively, you could consider using The Contracts (Right of Third Parties) Act 1999, which is provided for in secondary option Y(UK)3, but you should seek legal advice on the most appropriate route as such legal advice is beyond the remit of this helpline.
