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NEC contracts,
manuals and books
Achieving excellence in the procurement
of Works, Services and Supply
NEC contracts
nEc3 is a family of contracts that facilitates the implementation of sound the cIdb has recommended that the private sector follow suit
project management principles and practices as well as defining legal in the best interest of national uniformity.
relationships. It is suitable for procuring a diverse range of works, services
and supply, spanning major framework projects through to minor works two contracts in detail
and purchasing of supplies and goods. the implementation of nEc3 NEC3 ENgiNEEriNg ANd CoNStruCtioN CoNtrACt
contracts has resulted in major benefits for projects internationally in
terms of time, cost savings and improved quality. nEc3 Engineering and construction contract is the bestselling
core document used extensively across the construction
NEC3 - StimuluS to good mANAgEmENt industry. It should be used for the appointment of a contractor
Every procedure in the nEc3 has been designed so that its for engineering and construction work, including any level of
implementation should contribute to, rather than detract from, the design responsibility.
effectiveness of management at work. this aspect of nEc3 is founded
features include:
upon the proposition that foresighted, co-operative management of
the interactions between the parties can reduce the risks inherent in the A choice of dispute resolution clauses
management of projects and service/supply agreements. optional Key performance indicators
for bi-party contracts
BENEfitS ANd fEAturES of thE NEC3 fAmily iNCludE: optional limitation of liability clause
Written in simple language with a flexibility to suit diverse
introduction of risk reduction meetings and risk register
projects and sectors
introduction of Key dates
the development of NEC3 is the result of feedback from successful
cross-industry usage resulting in a contract that’s consistent, integrated New prevention clause with associated
and rooted in practical project experience Compensation Event and termination provisions
An entirely new NEC3 Supply Contract will be introduced to enable Compensation Event quotations accepted if project
nEc principles to be applied to procurement of supplies and goods manager does not reply in certain circumstances
An entirely new NEC3 Term Service Short Contract has been Swift Compensation Event by
introduced to enable use on term-based contracts of lower value and risk agreement for options A and B
options C, d, E and f monthly assessment
the Engineering and Construction Contract has been extensively
includes forecast to next assessment
revised to include a number of additional features
Simplified Schedule of Cost Components
NEC3 excellence has been proven through successful project
implementation across the globe two fee percentage included
Also available in digital format - nEc3 digital provides easy access
to the contracts via your Pc. see nEc3 digital brochure for more NEC3 tErm SErviCE CoNtrACt
information the term service contract is used for the appointment of a
supplier for a period of time to manage and provide a service.
this document contains the core clauses, the three main
South AfriCAN govErNmENt ApprovAl of NEC3
option clauses, secondary option clauses and contract data
the south african construction Industry development board act, forms. It has seen wide use outside of the construction sector
2000 (act 38 of 2000) requires that all organs of state comply with with successful application in facilities management across
the cIdb standard for uniformity (sFu) regulations in regard to use many corporate, not-for-profit and public sector arenas.
of contracts for all their engineering and construction procurement.
the entire nEc3 suite has been regulated as one of the systems to be features include:
used. organs of state may not use their own in house forms or any Applicable across industries wherever
other form of contract other than the four regulated systems. the service agreements are needed
regulations include ‘Formatting and compiling of construction Available as NEC3 term Service Short Contract
procurement documents’, and Engineering contract strategies is for contracts of lower value or term
able to assist with fully compliant ms Word templates for each of the
nEc3 suite of contracts’. Available in digital format for easy usage
to order NEC contracts, manuals and books please contact:
ENGINEERING CONTRACT STRATEGIES, 116 Edison Crescent, Sunninghill 2157
NEC contracts - Works
NEC3 ComplEtE SuitE NEC3 ENgiNEEriNg ANd CoNStruCtioN
of 25 doCumENtS CoNtrACt optioN C: tArgEt CoNtrACt
978 07277 3627 7 / July 2005 With ACtivity SChEdulE
Paperbound / 297x210mm / 1593pages
978 07277 3362 7 / July 2005
the nEc3 complete suite of contracts comprises all
Paperbound / 297x210mm / 71 pages
25 nEc3 documents listed in this booklet. buying the
whole suite together represents a £200 saving on option c is a target cost contract with an activity
buying all the documents individually. schedule where the out-turn financial risks are shared
between the client and the contractor in an agreed
The complete set now comes with the brand new
proportion. this document contains all the core
NEC3 Term Service Short Contract (TSSC) and the
and secondary option clauses, the schedules of cost
associated Guidance Notes and Flow Charts.
components, and contract data relevant to an option c
contract.
NEC3 ENgiNEEriNg ANd NEC3 ENgiNEEriNg ANd CoNStruCtioN
CoNStruCtioN CoNtrACt (ECC)
CoNtrACt optioN d: tArgEt CoNtrACt
978 07277 3359 7 / July 2005 With Bill of quANtitiES
Paperbound / 297x210mm / 89 pages
978 07277 3363 4 / July 2005
nEc3 Engineering and construction contract is Paperbound / 297x210mm / 72 pages
the core document from which the options a-F are
extracted. It contains all core clauses and secondary option d is a target cost contract with a bill of quantities
option clauses, together with the schedules of cost where the out-turn financial risks are shared between
components and forms for contract data. the client and the contractor in an agreed proportion.
this document contains all the core and secondary
option clauses, the schedules of cost components, and
NEC3 ENgiNEEriNg ANd CoNStruCtioN contract data relevant to an option d contract.
CoNtrACt optioN A: priCEd CoNtrACt
With ACtivity SChEdulE NEC3 ENgiNEEriNg ANd CoNStruCtioN
978 07277 3360 3 / July 2005 CoNtrACt optioN E: CoSt rEimBurSABlE
Paperbound / 297x210mm / 65 pages CoNtrACt
option a is a priced contract with an activity 978 07277 3364 1 / July 2005
schedule where the risk of carrying out the work at Paperbound / 297x210mm / 72 pages
the agreed prices is largely borne by the contractor. option E is a cost reimbursable type contract where
this document contains all the clauses, the shorter the financial risk is taken largely by the client. this
schedule of cost components, and contract data, document contains all the core clauses and secondary
relevant to an option a contract. option clauses the schedules of cost components, and
contract data, relevant to an option E contract.
NEC3 ENgiNEEriNg ANd CoNStruCtioN
CoNtrACt optioN B: priCEd CoNtrACt
With Bill of quANtitiES NEC3 ENgiNEEriNg ANd
CoNStruCtioN CoNtrACt optioN f:
978 07277 3361 0 / July 2005 mANAgEmENt CoNtrACt
Paperbound / 297x210mm / 67 pages
978 07277 3365 8 / July 2005
option b is a priced contract with a bill of quantities
Paperbound / 297x210mm / 64 pages
where the risk of carrying out the work at the agreed
prices is largely borne by the contractor. option F is a cost reimbursable management contract
this document contains all the core and secondary where the financial risk is taken largely by the client. this
option clauses, the shorter schedule of cost document contains all the core clauses and secondary
components, and contract data, relevant to an option clauses the schedules of cost components, and
option b contract. contract data, relevant to an option F contract.
t: +27 11 803 3008 f: + 27 11 803 3009 E: admin@ecsconsult.co.za
NEC contracts - Works
NEC3 ENgiNEEriNg ANd CoNStruCtioN NEC3 ENgiNEEriNg ANd CoNStruCtioN
CoNtrACt guidANCE NotES Short CoNtrACt (ECSC)
978 07277 3366 5 / July 2005 978 07277 3372 6 / July 2005
Paperbound / 297x210mm / 162 pages Paperbound / 297x210mm / 28 pages
these guidance notes explain the background to the the short contract is an alternative to nEc3
Engineering and construction contract, the reasons Engineering and construction contract and
for some of its provisions and provide guidance is for use with contracts which do not require
on how to use it. they covers usage of all the six sophisticated management techniques, comprise
a-F options. an introductory section explains nEc straightforward work and impose only low risks
objectives, application and project organisation, on both the Employer and the contractor. this
followed by sections on contract strategy and document contains the contract clauses and the
preparing tender documents. the bulk of the book form for contract data
is then devoted to explanations of the clauses and
schedule of cost components with worked examples NEC3 ENgiNEEriNg ANd
of contract data forms provided. CoNStruCtioN Short CoNtrACt
guidANCE NotES ANd floW ChArtS
NEC3 ENgiNEEriNg ANd CoNStruCtioN 978 07277 3373 3 / July 2005
CoNtrACt floW ChArtS Paperbound / 297x210mm / 90 pages
978 07277 3367 2 / July 2005 these guidance notes explain the provisions of the
Paperbound / 297x210mm / 130 pages short contract package through its three stages,
to enable users to understand the operation of the inviting tenders, making an offer and agreeing a
Engineering and construction contract, this book contract. notes are then provided on the clauses
contains flow charts which set out the procedural and methods of joining disputes with main
logic of the 75 clauses that can be presented with contract disputes. Worked examples are provided
benefit by flow charting. of the contract data forms, together with flow
charts which set out the procedural logic.
NEC3 ENgiNEEriNg ANd CoNStruCtioN
SuBCoNtrACt (ECS)
978 07277 3368 9 / July 2005
Paperbound / 297x210mm / 87 pages
the subcontract is intended for use in appointing
a subcontractor where the contractor has been
appointed under the nEc3 Engineering and
construction contract. It contains core clauses,
main option clauses for relevant a-E main options,
the available secondary options, schedules of cost
components and contract data.
NEC3 ENgiNEEriNg ANd CoNStruCtioN NEW CoNtrACtS ComiNg SooN
Short SuBCoNtrACt (ECSS)
978 07277 3369 6 / July 2005 NEC3 Supply CoNtrACt (SC) ANd
Paperbound / 297x210mm / 33 pages NEC3 Supply Short CoNtrACt (SSC)
the short subcontract can be used as a subcontract
to nEc3 Engineering and construction contract
The launch of these two new contracts will
(Ecc) and nEc3 Engineering and construction short bring the NEC principles of partnering and
contract (Ecsc). It should be used with contracts collaboration to the supply of goods across
which do not require sophisticated management industry sectors.
techniques, comprise straightforward work and
impose only low risks on both the contractor and the please call +44 (0)20 7665 2446 for more detail.
subcontractor. It contains the subcontract clauses
and contract data forms.
to order NEC contracts, manuals and books please contact:
ENGINEERING CONTRACT STRATEGIES, 116 Edison Crescent, Sunninghill 2157
NEC contracts - sErVIcEs
NEC3 profESSioNAl SErviCES CoNtrACt (pSC) NEC3 tErm SErviCE CoNtrACt floW ChArtS
978 07277 3370 2 / July 2005 978 07277 3378 8 / July 2005
Paperbound / 297x210mm / 62 pages Paperbound / 297x210mm / 113 pages
the Professional services contract is intended for to enable users to understand the operation of the
use in the appointment of a supplier to provide term service contract, this book contains flow charts
professional services. It can be used for appointing which set out the procedural logic of the 57 clauses
project managers, supervisors, designers, consultants that can be presented with benefit by flow charting.
or other suppliers under nEc contracts and can
also be used for appointing suppliers on non-nEc NEW
construction projects or for non-construction projects.
NEC3 tErm SErviCE Short CoNtrACt (tSSC)
this document contains the core clauses, the relevant
main option clauses, the secondary option clauses and 978 07277 3618 5 / March 2009
the contract data. Paperbound / 297x210mm / 26 pages
the nEc3 term service short contract should be
NEC3 profESSioNAl SErviCES CoNtrACt used for the appointment of a supplier for a period
guidANCE NotES ANd floW ChArtS of time to manage and provide a service. this
978 07277 3371 9 / July 2005 contract is an alternative to the nEc3 term service
Paperbound / 297x210mm / 160 pages contract and is for use with contracts which do
not require sophisticated management techniques,
these guidance notes explain the structure of the comprise straightforward work and impose only low
Professional services contract and the reasons for risks on both the Employer and the contractor.
its provisions. the main options, dispute resolution
options and the secondary options are all explained. NEW
Explanatory notes are then provided on individual
clauses and contract data. Flow charts then set out NEC3 tErm SErviCE Short
the procedural logic. CoNtrACt guidANCE NotES
ANd floW ChArtS
NEC3 tErm SErviCE CoNtrACt (tSC) 978 07277 3619 2 / March 2009
978 07277 3376 4 / July 2005 Paperbound / 297x210mm / 85 pages
Paperbound / 297x210mm / 60 pages these guidance notes explain the provisions of the
the term service contract is an entirely new nEc term service short contract when it is used for a
document and is intended to be used for the simple, low risk contract. the flow charts show the
appointment of a supplier for a period of time to procedural logic on which the tssc is based and are
manage and provide a service. this document published in this volume for reference.
contains the core clauses, the three main option
clauses, secondary option clauses and contract data
forms.
NEC3 tErm SErviCE CoNtrACt NEW
guidANCE NotES
tSSC produCt BuNdlE –
978 07227 3377 1 / July 2005 NEC3: tErm SErviCE Short CoNtrACt
Paperbound / 297x210mm / 79 pages With guidANCE NotES ANd floW ChArtS
these guidance notes place the new term service 978 07277 3626 0 / March 2009
contract into context with the rest of the nEc suite Paperbound / 297x210mm
of documents. they then set out the background to
the contract, its provisions and guidance on when and
how to use it. the procedure for setting up a contract
is covered and explanations are given on the meanings
of individual clauses. Finally appendices cover the
clause numbering system, sample form of tender,
sample form of agreement, use as a subcontract, form
of performance bond and price list.
t: +27 11 803 3008 f: + 27 11 803 3009 E: admin@ecsconsult.co.za
NEC contracts
NEC3 AdjudiCAtor’S CoNtrACt (AC) NEC3 mANAgiNg rEAlity
978 07277 3374 0 / July 2005
Paperbound / 297x210mm / 11 pages Since its launch in the early
the nEc3 adjudicator’s contract should be used for the
appointment of an adjudicator to decide disputes under
1990s, the NEC has become a
the nEc family of contracts. It may also be used for the truly ground-breaking concept
appointment of an adjudicator under other forms of
contract. this document contains the clauses, form of which has revolutionised the
agreement and contract data. way construction contracts
NEC3 AdjudiCAtor’S CoNtrACt guidANCE NotES are procured and managed,
ANd floW ChArtS
978 07277 3375 7 / July 2005
resulting in major benefits in
Paperbound / 297x210mm / 24 pages time, cost and quality.
these guidance notes explain the usage of the contract,
procedures for appointing an adjudicator, the nature of In order to take full advantage of the
the form of agreement. Explanations are then provided NEC’s benefits it is necessary to introduce
on the individual clauses and a worked example of a culture of partnering and changes in
contract data is provided. working procedures and practices.
the second part of the book contains flow charts which
set out the procedural logic of the 5 clauses that can be NEC Managing Reality is a series of
presented with benefit by flow charting. manuals written by NEC experts well-
versed in using the NEC "at the coal-face",
NEC3 frAmEWorK CoNtrACt (fC) that aims to explain how the NEC can
978 07277 3379 5 / July 2005 be used to optimum benefit in everyday
Paperbound / 297x210mm / 10 pages environments.
the Framework contract is an entirely new nEc
document and is intended for use in the appointment of The manuals are based on the usage of the
one or more suppliers to carry out construction work or NEC’s core document – the Engineering
to provide design or advisory services on an ‘as instructed’ and Construction Contract although the
basis over a set term. this document contains the core principles and procedures they discuss
clauses and the contract data forms. apply equally across all documents in
the NEC suite. They cover both the
NEC3 frAmEWorK CoNtrACt guidANCE NotES
current version of NEC, NEC3 as well as its
ANd floW ChArtS
predecessor, NEC2.
978 07277 3380 1 / July 2005
Paperbound / 297x210mm / 26 pages NEC Managing Reality places great
these guidance notes provide information on preparing emphasis on offering "practical tips" at
and managing framework contracts, and worked appropriate points and providing examples
examples of contract data. also provided are flow charts to highlight points. Standard forms are
which set out the operational logic of the contract. included with their usage explained
together with checklists.
NEC3 proCurEmENt ANd CoNtrACt StrAtEgiES
978 07277 3381 8 / July 2005 They are practical manuals designed
Paperbound / 297x210mm / 25 pages to aid both existing and new users in
this document provides guidance for users of nEc in implementing and using the NEC.
determining the procurement and contract strategies to
meet project objectives and in the application of nEc3
contracts in meeting these strategies.
to order NEC contracts, manuals and books please contact:
ENGINEERING CONTRACT STRATEGIES, 116 Edison Crescent, Sunninghill 2157
NEC manuals
a five-volume set of manuals on how to use the Ecc
bronwyn mitchell and barry trebes
1 iNtroduCtioN to thE ENgiNEEriNg 3 mANAgiNg thE CoNtrACt 4 mANAgiNg ChANgE
ANd CoNStruCtioN CoNtrACt this manual is aimed at those who are or changing cultures, management practices and
this manual is aimed at those who are will need to use the contract on a daily basis, procedures is a key component of successfully
considering using the nEc but need further covering the detail of practical management implementing nEc contracts. this manual is
information, or those who are already using the such as paying the contractor, reviewing the aimed at helping users to manage the process
nEc but need further insight into its rationale. programme, ensuring the quality of the works more effectively.
It therefore focuses on the fundamental cultural and dispute resolution. both first time and It covers: compensation events – what are they,
changes and mind-shift that are required to experienced practitioners will benefit from where to find a list, how to identify, quotations,
successfully manage the practicalities of the this book. assessment of quotations; implementation;
nEc in use. It covers: payment procedures; invoicing; schedule of cost components – when they
It covers: background to the nEc; what is the payment procedure at completion, after are used, how they interact with the payment
nEc; why is the nEc is different; conventions; completion and after defects date; control clauses; actual cost; the fee; cost components;
concepts; terminology; terminology not used of time; the programme – what it is, contract data part two; putting it all together;
in the nEc; other aspects of the nEc; roles; what is included, submission of the first audits; working on multiple projects on the
description of the roles; list of duties. programme, acceptance, its usage, its revision same site.
0 7277 3392 3 / Paperbound and acceleration; quality – control and 0 7277 3395 8 / Paperbound
297x210mm / 104 pages management, who is responsible; notifying, 297x210mm / 208 pages
correcting and accepting defects; disputes
and dispute resolution; causes of disputes; 5 mANAgiNg proCEdurES
2 proCuriNg AN ENgiNEEriNg ANd
adjudication; alternative dispute resolution
CoNStruCtioN CoNtrACt this manual gives step-by-step guidance
techniques, arbitration and litigation.
this manual is aimed at those who need to on how to apply the most commonly used
0 7277 3394 X / Paperbound procedures, detailing the actions needed by all
know how to procure an nEc contract. It
297x210mm / 136 pages parties to comply with the contract.
covers in practical detail the various processes
and steps which need to be gone through. It covers: contract administration – records to
It covers: what is involved in procuring an nEc maintain, review meetings, how to use nEc
contract; how to put together an invitation procedures.
to tender and responding to a tender; 0 7277 3396 6 / Paperbound
procurement scenarios; choosing contract main 297x210mm / 96 pages
options; allocating risks under various contract
types; secondary options; completing the
contract data; guidelines on producing works
information; general rules in drafting works
information; clauses to be incorporated into
works information.
0 7277 3393 1 / Paperbound
297x210mm / 196 pages
ComplEtE SEt of fivE mANuAlS
iN A SlipCASE
0 7277 3397 4 / paperbound
297x210mm / 740 pages
t: +27 11 803 3008 f: + 27 11 803 3009 E: admin@ecsconsult.co.za
NEC books
ThE dEfINITIvE COMPARISON Of ThE TwO dOCuMENTS
NEC2 ANd NEC3 CompArEd ChooSiNg thE right NEC CoNtrACt
robert gerrard t W Weddell
nEc3 appeared in July 2005 and represents an update to reflect users’ Choosing the right NEC contract provides an overview of the contracts
experience and changes in the way the construction industry operates, in the nEc family of contracts. It describes each contract, its main
in the years since the appearance of nEc2 in 1995. this guide is aimed features and the options available from which an appropriate contract
at those familiar with the provisions of nEc2 and provides and an can be prepared. It is written as a desktop manual for those who may
easy-to-use comparison on the changes between the two editions be familiar with the more traditional construction contracts but who are
of the nEc. new to the nEc system of contracts. It is therefore suitable for those
employers and promoters who are considering using the nEc,
nEc3 comprises a suite of entirely consistent documents. the guide
for contractors who are invited to tender, consultants who are
covers in detail, on a clause by clause basis, the differences between
appointed to advise, and architects, quantity surveyors and other
the NEC2 Engineering and Construction Contract and the NEC3
construction professionals. It is ideally suited also for students as an
Engineering and Construction Contract. However, principles of the
introduction to the nEc family of contracts. For this reason exercises
changes it introduces have been applied across the complete suite of
have been included at the end of several chapters to stimulate
nEc3 contracts. so anybody wishing to understand the new provisions
discussion of the many factors that need to be considered in
applied across the suite of nEc3 contracts, will benefit from this book.
choosing the right nEc contract.
the guide presents the wording of Ecc2 against that of Ecc3 with
Choosing the right NEC contract is a valuable tool for anybody involved
all changes highlighted. Explanatory notes are also included which
in the nEc supply chain including clients, consultants, contractors,
cover the significance of more important changes printed under the
subcontractors, project managers, quantity surveyors, adjudicators and
relevant clauses. users will be able to look up any clause in the NEC2
service suppliers - across the complete spectrum of construction activity.
Engineering and Construction Contract and see, at a glance, what has
changed, if anything, in nEc3. About the author
It will be a valuable resource for anybody involved in the nEc supply bill Weddell was on the original nEc Working Group and drafting team
chain – including clients, consultants, contractors, sub-contractors, and has been involved in the later development of the nEc family of
project managers, adjudicators, service suppliers – across the complete contracts up to the publication of nEc3. He has long experience of
spectrum of construction activity. both design and construction of major civil engineering works including
highways, bridges, docks and harbours, tunnels and sea defence works.
robert Gerrard is a consultant to the nEc who has worked closely with
the nEc Panel in developing nEc3. He served as chairman of the nEc 0 7277 3383 4 / Paperbound
users’ Group for the period 2003 to 2006. 297x210mm / 96 pages / July 2006
0 7277 3384 2 / Paperbound / 297x210mm / 156 pages
to order NEC contracts, manuals and books please contact:
ENGINEERING CONTRACT STRATEGIES, 116 Edison Crescent, Sunninghill 2157
t: +27 11 803 3008 f: + 27 11 803 3009 E: admin@ecsconsult.co.za
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