coursework which relate to NEC4 ECC

Briefing document for the three-parts of the Coursework which relate to NEC4 ECC
Please note that this briefing is deliberately written so that you receive a comprehensive brief for Section F
but lesser ones for Sections G and H. You need to apply the approach that is provided for the first section
and apply it to remaining sections.
Section F:
Task: Write a reply to the Client requesting this outstanding information, including specific clauses within
the NEC4 ECC supporting this request.
Mark : 5%
Notes:
• Your letter to the Client should be between half and one side of A4 in length
• It should include a date and an appropriate reference so that the Client immediately knows which
project that you are referring to – remember: the Client maybe, for instance, a large corporation or
Government Agency who are dealing with many projects simultaneously
• The letter should clearly state what information is being requested – remember: borehole logs are
viewed as being part of ‘Site Information’ in NEC4 ECC
• You should include your references to the supporting clauses in the main body of the letter. These
clauses may include:
The request for information is in accordance with: Clause 10.1 “ The Parties …shall act as
stated in this contract”; Clause 10.2 “… spirit of mutual … cooperation”; and it is needed to
ensure “ … work necessary to complete the works … in accordance with this contract …” Clause
11.2 (15)
Terms such as Scope and Site Information are officially identified/defined in Clauses such as
11.2 (16) and (18), respectively
A justification for the additional information. This might relate to the need to design temporary
works. This could be covered by various main/subparts of, for instance, Clauses 20; 21; and, 23.
Note: in NEC4, the term ‘works’ is used for the permanent part of the project (i.e. the part(s)
which remain after the construction phase is completed) and ‘equipment’ refers to both
temporary works and construction plant. This means that the ‘design of equipment’ includes
activities such the propping of large excavations or the provision of a large scale scaffoldings.
Information about any relevant timings. For instance, Clause 30.3 states “the need for
information about, and the importance of complying with, key dates for the Contractor”.
Similarly, Clause 31.2 includes a reference to showing key dates on the Contractor’s Accepted
Programme. This could be very briefly expanded to describe the process/timings (i.e. who and
when) associated with going from a proposed Programme to an Accepted one. You might want
to take the opportunity to remind the Client that they need to provide a response to you within
the agreed “period to reply” (Clause 13.3)
Finally, you might also want to very briefly remind the Client of what will happen if they either
don’t provide, or issue a late, reply to your request. For instance it might have an impact on the
Programme and result in a Compensation Event (CE) [Clauses 60 and perhaps 60.1(3); (4); (5);
(6); or (12) and (13) – you need to decide which one you think applies to this situation]. As you
are only warning the Client about the potential outcome of non-compliance at this stage, you
don’t need to provide a detailed description of the full CE process.
Section G:
Task: Prepare a Compensation Event notification to the Project Manager relating to this missed date. You
should include all relevant clause references from the NEC4 ECC that will support your notification.
Mark : 15%
Notes:
• You should use the Compensation Event template which is uploaded to the MyBeckett website
• Ensure that you fill in all of the boxes at the top of the form
• Remember when you are completing the form, it is for the initial NOTIFICATION stage only
(Remember: this is the first of a four-stage CE process). As a result, you do not have to prepare a
quotation for any additional works.
• In the “Compensation Event” box, you should provide a very brief (one, or two, sentences)
summary of the CE
• You should provide a fuller explanation of the CE in the “Details of the Event” box in the form of a
narrative for the Event. For instance, why are you submitting a CE? Did you use any other
mechanisms beforehand to try and resolve the situation? What will happen if the Project Manager
notifies you that the situation is an event in accordance with Clause 61.4 or, if it is eventually
implemented (Clause 66). You should consider the potential consequences (including on timings)
at each stage.
• You should include any relevant references to the appropriate NEC4 ECC clauses in the “Details of
the Event” textbox on the CE template
• Do not enter any text in the “To the Contractor” box as this section is completed by the Project
Manager after they have investigated the legitimacy of the event
Section H:
Task: Describe the process and relevant clauses in the NEC4 ECC that would address this missing payment,
and any additional money that may be due to Skipton Construction.
Mark : 10%
Note:
• You can assume that the CE has been implemented In accordance with Clause 66 of NEC4 ECC.
• Including referencing any relevant clauses, briefly describe the process that took place after the CE
passed the initial assessment (Clause 63) following the Contractor had provided the Project
Manager with a quotation for the CE (in accordance with Clause 62) – note: start your description
after the process in Clause 63 was completed.
• You should include any relevant sub-clauses which govern the communication between the
different parties (the main Communication Section of NEC4 ECC is Clause 13).
• You might also want to consider: the relevant parts of Section 5: Payments; and any methods which
are available to resolve the situation