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Neil Earnshaw

NEC3 ECS Fundamentals

NEC3 ECS Fundamentals

This programme introduces you to the key mechanics and provisions of the NEC3 Engineering and Construction Subcontract (ECS).

With most construction projects having upwards of 20 different Subcontractors, this is probably the most commonly used NEC3 contract. Despite this being the case, it's surprising how many issues arise between Subcontractors and Contractors. The main function of this contract is to manage works between the Contractor and Subcontractor and allow a Contractor to pass down the similar contractual terms that they will have between themselves and an Employer under the NEC3 Engineering and Construction Contract (ECC).

In this series of online courses, you will gain a practical understanding of the key aspects of ECS from both Parties perspectives.

We will explore the importance of administering this form of contract during the life of a project rather than “leaving it in a drawer”, as being contractual should be viewed very much as being proactive rather than being considered negatively.

These courses will review the contract strategy options between the primary ECS options A-E as well as the choice of secondary options that are available, all of which alter the risk profile and the payment mechanisms on a given project.

Delegates of 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 suite of NEC3 contracts 

  • the use and appropriate contract strategy to adopt when choosing both primary (A-E) options and secondary (X1-X20) options 

  • appreciating the use of Subcontract Data, Works Information and Site Information 

  • consider factors involved when preparing tender documents and assessing tender submissions 

  • consider common amendments that are often made in the form of “Z clauses” and their 
potential to alter the dynamics or risk profile of an un-amended contract 

  • roles and responsibilities of key parties 

  • the important ECS clauses and processes, in particular early warning, the programme, Risk 
Register, communications and compensation events 

  • Understand how to apply ECS in practice and achieve satisfactory solutions to problems
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