NEC Contract data
NEC was first published in 1993 as the New Engineering Contract. It is a suite of construction contracts intended to promote partnering and collaboration. The third edition, NEC3 was published in 2005. The fourth, and currently latest edition NEC4, was published in 2018.
The contract documents under the NEC Engineering and Construction Contract (ECC) are:
- The form of agreement.
- Conditions of contract.
- Contract data.
- Prices, activities schedules and bill of quantities.
- Works information (describing what is to be done on the site).
- Site information (describing the condition of the site before the work starts).
NEC define the contract data as information that ‘…needs to be completed as part of the necessary contract documents; in the ECC this contains details such as starting date/Completion Date/employer details/defects date and the like. It is in two parts; part one (provided by the employer) and part two (provided by the contractor).’
Part one, data provided by the employer, is completed by the employer and might include data relating to:
- Details of the employer and key personnel.
- The location of the works information and site information.
- The language and law to be adopted.
- The period for reply.
- Options for adjudication / arbitration.
- Starting date / defects date / defects correction period.
- Payment details.
- Options for compensation events.
- Risk and insurance.
- Confidentiality.
- Construction operations.
- Employees.
- Intellectual property.
- Novation.
- Termination.
- Data protection.
- Force majeure.
- Early warning / compensation events.
- Disallowable expenses.
Part two, data provided by the contractor, is completed by the contractor and might include data relating to:
- Details of the contractor and key personnel.
- The location of the programme.
- The location of works information for contractor’s design.
- The location of the activity schedule.
- Direct fee percentage.
- Subcontractor fee percentage.
- Working areas (including offices).
- Details to be included in the risk register.
- The tendered price.
- Cost components.
It is very important that the contract data is completed carefully as it is this information that structures the way the contract is administered.
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