NEC3 Framework Contract

Question

We have been asked to draw up a Framework Contract for a Client who has expressed a desire to use the Engineering and Construction Short Contract for Package Orders.  The Framework is intended to run for a minimum of two years with a potential for up to two further one year extensions so up to four years overall.

The Framework Contract would be to provide drainage surveys and minor repairs.

The ECSC does not appear to be an appropriate form of Contract to use in this situation and I wondered if anyone has any experience in preparing/using an NEC Framework Contract which adopts the ECSC.

The lack of a Method of Measurement, Option X1: Price Adjustment for Inflation, etc. in the ECSC make me think we should really be using the ECC Option B or E instead.

Answer 1

I have seen ECSC used within a framework, though don't know how successful it has been.

I would suggest that the question of inflation should be within the Framework Information, as it is the framework that is to last several years.

Individual work packages within the framework may be relatively small and simple, in which case the ECSC may well be appropriate.  Small and simple packages are also likely to be completed within a relatively short timescale and therefore do not need an inflation clause.

Also bear in mind that the framework could be separated into lots, with different forms of contract being available for work packages with differing degrees of complexity.