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AvensureAccess all documents on Z clauses
This Practice Note is archived and no longer updated or maintained.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...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Schedule of amendments A compiled list of changes to a standard form contract in which the parties record their agreed departures from the issued terms. Accordingly, it should be read alongside the underlying standard form. The parties should ensure any negotiated and agreed schedule of amendments is duly incorporated into the contract. Within NEC3/NEC4 suites, such alterations to the standard form are known as Z clauses. Refer to Practice Notes: Construction contract documents and Selection of standard form construction contracts, and to our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction contracts. Schedule of rates/prices A schedule used in tendering when precise quantities are not established, or within a lump sum arrangement for pricing variations (often termed a Bill of Quantities). The tenderer...
What is the ? The , or TSC, forms part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). It is intended to appoint a contractor for a defined period to manage and deliver a service—this may include construction activities, but it is equally applicable to other service provision Maintaining highways within a specified area Providing security personnel for a site Maintaining a nuclear power station Delivering ambulance services for a group of hospitals These examples, drawn from the NEC Guidance Notes, show that it covers both ‘hard’ and ‘soft’ facilities management services (see Practice Note: What is Facilities Management Contracting?). As with other NEC forms, it can be adopted in both the public and private sectors and is suitable for services of any value It is not intended to operate like the NEC3/NEC4 Framework Contract, under which there is no guarantee of work. Instead, the Contractor undertakes work on a continuous basis as set...
ARCHIVED: This Precedent is no longer active and receives no updates. Stop press: The NEC4 contract suite was released in June 2017...
Agreement in relation to [ insert brief details of the works/project ] at [ insert address of works ] (Incorporating, inter alia, the NEC4 Professional Services Contract 2017 with the January 2019 Amendments, October 2020 Amendments and January 2023 Amendments, as varied and augmented in the manner set out in this Agreement and in the Schedules appended hereto). This Agreement is dated the [ insert number ] day of [ insert month ] 20[ insert year ]. Parties [ insert name of the Client ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Client ] (‘the Client’); [ insert name of the Consultant ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Consultant ] (‘the Consultant’). Background (A) The Client requires certain works, namely [ insert brief details of the works/project ], further and more particularly described in this contract, to be...
Agreement in relation to [ insert brief details of the works/project ] at [ insert address of works ] ( incorporating (inter alia) the NEC4 Engineering and Construction Subcontract 2017 with January 2019 Amendments, October 2020 Amendments and January 2023 Amendments as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto ) This Agreement is entered into on the [ insert number ] day of [ insert month ] 20[ insert year ]. Parties [ insert name of the Contractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Contractor ] ('the Contractor'). [ insert name of the Subcontractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Subcontractor ] ('the Subcontractor'). Background (A) [ insert name of the Client ] (company registration number [ insert number ]), whose registered office is at [ insert address of...