ECC meaning

Payment procedure within the NEC3 Engineering and Construction Contract (ECC) —workflow HGCRA 1996 governs — option Y(UK)2 chosen...

This Practice Note is archived and no longer updated or maintained. It outlines the differences introduced in the NEC4 standard form construction contracts when set against the NEC3 versions. It also summarises the changes from NEC3 across the standard forms. The spotlight is on the NEC4 Engineering and Construction Contract (ECC), though many ECC revisions mirror those rolled out across the broader NEC suite. Many of the points made in relation to the ECC are indicative of suite-wide adjustments. The NEC characterises NEC4 as an ‘evolution not revolution’, building on NEC3. The bulk of NEC4’s revisions appear aimed at embedding sound practice and/or cutting reliance on Z clauses (ie bespoke amendments). For further details on NEC contracts in general, including their structure, see Practice Note: NEC contracts—introduction. Publication of NEC4 The NEC4 contracts were issued by the Institution of Civil Engineers on 22 June 2017...

This Practice Note sets out a comparison of headline aspects of the FIDIC 2017 and NEC4 suites, highlighting similarities and distinctions across their principal features. It specifically concentrates on the NEC4 Engineering and Construction Contract (ECC) and the FIDIC Red Book 2017 (Red Book), used primarily where the Contractor constructs to the Employer’s design in practice (although, where the scope includes any Contractor design, the Red Book accommodates this). For commentary on the 1999 edition of the FIDIC Red Book, see Practice Note: FIDIC 1999 and NEC4 contracts compared. Overall philosophy FIDIC FIDIC contracts are the leading international standard-form construction agreements. They are often described as ‘written by engineers, for engineers’. The suite is also recognised for balanced risk distribution, with liabilities generally allocated to the party best able to manage them (the EPC/Turnkey variant, widely referred to as the Silver Book, is something of an exception). As one would expect from documents devised by engineers, the Engineer has a central function in a number of the...

Introduction This Practice Note explains how construction contracts are ordinarily managed on projects. It concentrates on the contract administrator’s role and how administration varies with the chosen procurement route and contract form, with particular emphasis on the JCT, NEC ECC and FIDIC suites. What is contract administration? In essence, contract administration is the supervision and tracking of a construction project to ensure successful delivery. It covers both hands-on oversight as the works get under way (eg inspecting the works, monitoring progress and conducting tests) and the handling, issuing and reviewing of the documents required by the contract (including payment notices and the evaluation of claims). In this Practice Note, ‘contract administrator’ is used as a generic label; however, different standard forms adopt different titles for the person performing this function-this is considered further in Who is responsible for the administration of building contracts? A summary of the contract administrator’s tasks appears in What does the contract administrator do? Who is responsible for the administration of building...

ARCHIVED: This Precedent is no longer active and receives no updates. Stop press: The NEC4 contract suite was released in June 2017...

Electronic Communications Code (the Code) It is taken that a headlease has been forfeited, with any sub-leases granted under it likewise brought to an end. The Electronic Communications Code (the Code) referenced is the version produced by the Law Commission in 2013. As the Q&A observes, the operator’s lease was terminated by forfeiture and, thereafter, it is assumed the freeholder required the equipment to be removed, so a paragraph 21 notice had to be served. Paragraph 21 of the Code states that, where no agreement is in place or it is shortly to come to an end, the freeholder requires an order authorising removal of the telecommunications apparatus located on the roof of the freeholder’s property...

The Electronic Communications Code The Electronic Communications Code (the ‘Code’), found in sections 106–119 and Schedule 3A Pt 1 to the Communications Act 2003, enables Ofcom-authorised operators to obtain rights over land for a range of purposes (see Code para 3). Code rights can be conferred by agreement between a land occupier and an operator, and, in practice, telecoms providers ordinarily seek to secure consensual terms at the outset. If agreement cannot be reached, the Upper Tribunal (UT) has authority to confer Code rights without the occupier’s consent. The process is initiated by the operator serving a notice under paragraph 20 of the Code...