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NEC4 ECS Subcontractor Submission/Submission for Acceptance Template

NEC4 ECS Subcontractor Submission/Submission for Acceptance Template

Use this free downloadable template to help you create a Subcontractor Submission under the NEC4 Engineering and Construction Subcontract (ECS).

The ECC requires the Subcontractor to make submissions to the Contractor on various matters that arise during the course of a construction project some of which require acceptance. The ECS goes a step further than most traditional contracts by requiring the Contractor to not only respond to a submission, but to respond with reasons. A reason outside those listed in the contract will be a compensation event.

You can use this NEC4 ECS template for a Subcontractor’s submission of the following:

  • Submit under clause 16.1 a proposal to change the Subcontract Scope to reduce the amount the Contractor pays to the Subcontractor (period for reply is 4 weeks)
  • Submit under clause 16.3 for acceptance a proposal to add an area to the Working Area (period for reply is period for reply)
  • Submit under clause 20.3 forecasts of the total Defined Cost for the whole of the subcontract works (main Options C, D and E) (no reply)
  • Submit under clause 21.2 for acceptance of particulars of design (period for reply is period for reply)
  • Submit under clause 23.1 for acceptance of particulars of design for an item of Equipment (period for reply is period for reply)
  • Submit under clause 24.1 for acceptance of details of a replacement person (period for reply is period for reply)
  • Submit under clause 25.1 information to Others (no reply)
  • Submit under clause 26.2 for acceptance of the name of a proposed subsubcontractor (period for reply is period for reply)
  • Submit under clause 26.3 for acceptance of proposed subsubcontract documents (period for reply is period for reply)
  • Submit under clause 26.4 of pricing information for each subsubcontract (main Options C, D E and F) (no reply)
  • Submit under clause 27.1 design for approval (no reply)
  • Submit under clause 29.2 to publicise the works (no reply)
  • Submit under clause 36.1 to propose an acceleration to achieve Completion before the Completion Date (period for reply is period for reply)
  • Submit under clause 36.1 a quotation for acceleration (period for reply is 3 weeks)
  • Submit under clause 50.9 for acceptance of records demonstrating Defined Cost has been correctly assessed (main Options C, D and E) (period for reply is 13 weeks)
  • Submit under clause 50.9 a reply to a submission of records demonstrating Defined Cost has been correctly assessed (main Options C, D and E) (period for reply is 4 weeks)
  • Submit under clause 50.9 for acceptance of further records in connection with Defined Cost (main Options C, D and E) (period for reply is 4 weeks)
  • Submit under clause 50.9 a reply to a submission of further records in connection with Defined Cost (main Options C, D and E) (no reply)
  • Submit under clause 55.3 for acceptance of a revised Activity Schedule (main Option A) (period for reply is period for reply)
  • Submit under clause 84.1 for acceptance certificates of insurance (period for reply is period for reply)
  • Submit under clause X4.1 an ultimate holding company guarantee (no reply)
  • Submit under clause X4.2 for acceptance of an alternative guarantor (period for reply is period for reply)
  • Submit under clause X8.3 signed copies of the undertakings (no reply)
  • Submit under clause X9.1 documents transferring rights (no reply)
  • Submit under clause X10.4(1) for acceptance of a first Information Execution Plan (period for reply is 2 weeks)
  • Submit under clause X10.4(2) a reply to a submission of a first Information Execution Plan for acceptance (period for reply is period for reply)
  • Submit under clause X10.4(2) a reply to a submission of a revised Information Execution Plan for acceptance (period for reply is period for reply)
  • Submit under clause X10.4(3) for acceptance of a revised Information Execution Plan (period for reply is 2 weeks)
  • Submit under clause X10.6 information transferring rights (no reply)
  • Submit under clause X13.1 for acceptance of details of a bank or insurer to provide a performance bond (period for reply is period for reply)
  • Submit under clause X13.1 a performance bond (no reply)
  • Submit under clause X14.2 for acceptance of details of a bank or insurer to provide an advanced payment bond (period for reply is period for reply)
  • Submit under clause X14.2 an advance payment bond (no reply)
  • Submit under clause X16.3 a retention bond (no reply)
  • Submit under clause X16.3 for acceptance of a bank or insurer to provide a retention bond (period for reply is period for reply)
  • Submit under clause X20.2 a report of performance (no reply)
  • Submit under clause X20.3 proposals for improving performance (no reply)
  • Submit under clause X21.1 a proposal that the Subcontract Scope is changed in order to reduce the cost of operating and maintaining an asset (period for reply is period for reply)
  • Submit under clause X21.2 a quotation to reduce the cost of operating and maintaining an asset (period for reply is period for reply)
  • Submit under Y1.3 a proposal to add a Supplier to the Named Suppliers

For simplicity, you can use this template for a ‘request’ under clause 26.2 and X22.3(6), ‘report’ under clause X20.2, ‘gives’ under X4.1, X13.1, X14.4 and X16.3, and a ‘provision’ under clauses 25.1, X8.5, X9.1, X10.6, Y1.4 and Y1.9.

You can also use this NEC4 ECC template for the Project Manager’s reply.

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