Join us on this 6-part course hosted by Neil Earnshaw, Director of NE Consult.
What’s this training programme about?
This training programme introduces you to key mechanics and provisions of the NEC4 Engineering and Construction Subcontract (ECS). With most construction projects having upwards of twenty different subbies, it is not surprising that this is probably the most commonly used NEC contract. Despite this being the case, it is surprising how often we receive enquiries from Subcontractors and Contractors in a pickle. It is used to manage works between the Contractor and the Subcontractor and allows the Contractor to pass on similar contractual terms to those that they will have between themselves and the Client under the NEC4 Engineering and Construction Contract (ECC).
By completing this training programme you will gain a practical understanding of the key aspects of the ECS from both Parties perspectives. We will explore the importance of administering this form of subcontract during the life of a project rather than “leaving it in the bottom drawer”, as in our view being contractual should be viewed very much as being proactive rather than being considered negatively.
Delegates completing this training programme will have a much clearer understanding of the intent of the specific contractual clauses and in practical terms begin to see how they should administer them for the benefit of all Parties on a particular project.
You will learn about:
- the philosophy and commonality amongst all the contracts within the NEC suite of contracts
- appropriate contract strategies to adopt when choosing both main (A-E) Options and secondary (X1-X21) Options
- appreciating the use of Subcontract Data, Subcontract Scope and Site Information
- consider common amendments that are often made in the form of Option Z clauses and their potential to alter the dynamics or risk profile of an un-amended subcontract
- the roles and responsibilities of key parties
- the important NEC4 ECS clauses and processes, in particular Early Warnings, the Programme, Defects, Early Warning Register, communications, payment and Compensation Events
- understand how to apply the NEC4 ECS in practice and achieve satisfactory solutions to problems
Recommended for?
This training programme is recommended for everyone currently or about to be working under the NEC4 ECS including Project Managers and Contract Managers, Quantity Surveyors for both main Contactors and Subcontractors, Clients, Consultants and Planners - all wanting to get a better grip of this form of subcontract. The programme will be suitable for those who are relatively new to NEC4 ECS as well as those who are already more experienced and are looking to enhance their level of knowledge and understanding.
Part 1: How the NEC4 Engineering and Construction Subcontract (ECS) is structured – the Options and documents
What’s it about
This training session introduces you to the common philosophies of the NEC family of contracts and focuses in more detail on the key mechanics and provisions of the NEC4 Engineering and Construction Subcontract (ECS). This session will review the contract strategy options between the main ECS Options A-E as well as the choices of secondary Options that are available, all of which alter the risk profile and the payment mechanisms on a given subcontract. We will also take you through how to put together a subcontract agreement.
You will learn
By the end of this module you will:
- Know the overall structure of the ECS.
- Understand the main (A-E) Options and secondary (X1-X21) Options.
- Know the functions of each of the ECS documents
Part 2: Roles and responsibilities of the Contractor and Subcontractor under the NEC4 Engineering and Construction Subcontract (ECS)
What’s it about
This training session provides a summary of the main roles and responsibilities of both the Contractor and Subcontractor under the NEC4 Engineering and Construction Subcontract (ECS). The session will take you through some of the general provisions, governing actions, identified and defined terms, communications, the role of the Contractor, Early Warning, the Subcontractor’s main responsibilities for Providing the Subcontract Works, the Subcontractor’s design obligations, Key People and working with the Contractor and Others.
You will learn
By the end of this module you will:
- Know how contract notices and communication work under the ECS.
- Understand what an Early Warning is and how to manage them.
- Understand what the key obligations of the Subcontractor are.
- Know the role and responsibilities of the Contractor.
Part 3: Managing the Subcontractor’s programme and quality under the NEC4 Engineering and Construction Subcontract (ECS)
What’s it about
This training session covers how the programming obligations work under the NEC4 Engineering and Construction Subcontract (ECS) and provides an overview of the main provisions of section 3 of the subcontract: producing a programme, updating the programme, programme acceptance and how float is incorporated into the programme. It also looks at how to manage quality under the ECS through the testing and defects provisions.
You will learn
By the end of this module you will:
- Understand the importance of the Subcontractor’s programme and how to manage it.
- Know what a Defect is under the ECS.
- How to manage quality of the subcontract works.
Part 4: How pricing and payment works under the NEC3 Engineering and Construction Subcontract (ECS)
What’s it about
This training session introduces you to the payment provisions of the NEC4 Engineering and Construction Subcontract (ECS) and provides an overview of the main payment Options A, B, C, D and E.
You will learn
By the end of this module you will:
- Understand what the Price for Work Done to Date is under each of the main Options and how this affects assessing the amount due.
- Outline the timetable for assessment and payment.
- Know the importance of Option Y(UK)2 Housing Grants, Construction and Regeneration Act 1996.
Part 5: Getting to grips with Compensation Events under the NEC4 Engineering and Construction Subcontract (ECS)
What’s it about
This training session introduces you to the Compensation Event process for managing change under the NEC4 Engineering and Construction Subcontract (ECS) and it provides an overview of the main provisions of section 6 of the ECS. After completing this module, you'll understand the compensation process of ECS inside out.
You will learn
By the end of this module you will:
- Know what a Compensation Events is.
- Understand the key steps in the Compensation Event process (notify, quote, assess and implement).
- Know how Compensation Events are assessed and what Defined Cost is.
- Be aware of the sanctions for non-compliance with the procedure.
Part 6: What to do when things go wrong under the NEC4 Engineering and Construction Subcontract (ECS)
What’s it about
This training session introduces you to how the NEC4 Engineering and Construction Subcontract (ECS) deals with title and termination and how insurance and liabilities are managed. It also looks at resolution by Senior Representatives and adjudication, what they aim to achieve and how to manage these procedures under Options W1 and W2.
You will learn
By the end of this module you will:
- Understand the key provisions for dealing with title.
- Know how insurance and liabilities are managed.
- Be able to follow the termination procedures.
- Know how to resolve disputes using Senior Representatives and adjudication under Options W1 and W2.
This 6-part course is a mix of free content and premium learning and to access the entire days training, a subscription will be needed prior to the event and the course will then be available on-demand for subscribers only
Part one begins at 9 AM on 9 May 2024 - register for free here
With subscriptions from just £25 per month this is a great way of accessing a library of subjects and training material together with whitepapers, templates and technical helpdesk support Find out more