I am the project manager on a project using the NEC3 Engineering and Construction Contract (ECC) option A (priced contract with activity schedule). Secondary option X16 (retention) has also been incorporated.  A retention-free amount has been agreed with the...

We are an employer preparing the contract data for an ECC contract. We wanted the contractor to commence work on the site as soon as possible, so can we have the access date before the starting date? Answer From both parties’ point of view the starting date should...

We are a contractor using ECC option C (target contract with activity schedule). Unforeseen events on site have led to an artificially high water table, significantly higher than that detailed in the site information.  We are uncertain as to whether this would fall...

As an employer using the NEC3 Engineering and Construction Contract (ECC), we can find plenty of information about the responsibilities of the project manager and supervisor under the contract. It is not so obvious to determine the contractor’s responsibilities...

Would it be correct to say that an amendment of a core clause is actually a Z clause? Answer That would be correct. Any amendment, addition or deletion of any core clause should be contained in a Z clause.

Instead of Z clauses, can you remove and replace core clause sentences? Answer You can indeed, but what would you call this and how would you make sure such changes were properly incorporated into the contract? By pointing to the Z clauses in contract data part one...

If there is an ambiguity and the project manager has to make a decision to correct it, how can the project manager decide whether it constitutes a Compensation Event under the ECC? Does the project manager automatically have to take the position that the contractor...

In the NEC3 Engineering and Construction Contract (ECC) Clause 60.1(19), bullet point four, the phrase ‘an experienced’ is being subjectively applied by some project managers. Are there any suggestions on dealing with this? Answer This particular clause would only...

We are using an ECC Option C (target contract with activity schedule). The contractor has chosen to subcontract some of the work, but neither the project manager nor the contractor followed the procedures set out in Clause 26 regarding approval and agreement of...

We are using the NEC3 Engineering and Construction Contract (ECC) main option A (priced contract with activity schedule). We appreciate that compensation events are assessed individually.  As we work through the contract though, if there is a later compensation event...