Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is our free community help desk for construction professionals. A library of high-quality questions from real users with answers delivered and curated by a panel of industry experts.

4,331 questions

4,533 answers


34,883 users

Register its Free

Download here

NEC3 ECC: Can the client change the clauses in the agreement one month after signing the agreement?

+1 vote
The client changed the advanced payment clause one month after signature of the original contract. The project is a 4 month project.
asked Aug 30, 2016 in NEC3 Payment by anonymous   3 8

2 Answers

+1 vote
Yes, but only if the other Parties to the contract agree to the changes. See Core Clause 12.3 of the NEC3 ECC Contract.
answered Sep 4, 2016 by Dave Parkinson (1,680 points)  
+1 vote
Clause 12.3 states that that unless a change is provided for by the conditions of contract, changes can only be made by agreement and confirmed in writing by the Parties.

Therefore, unless there is a relevant Z clause, the Parties would both have to agree to the change ie the Employer and the Contractor. If there is no agreement then the change can not be made.
answered Sep 4, 2016 by dave bates (5,450 points)