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

Do you want to update your skills in NEC3, NEC4, JCT, Procurement, CDM or Project management?

Sign up for one of our free online courses.

4,670 questions

4,948 answers

860 comments

Register its Free

Download here

NEC ECC: When is "starting date" if contracts are signed late?

0 votes
216 views
I as Contractor have signed the contract, but Employer did not signed and return copy for a further four weeks beyond the "starting date" as indicated in contract data 1. "Starting date" was meant to be 2nd Jan which was when we the Contractor signed, and yet contract was not signed by them until 30th Jan and then finally a dual-signed copy returned to us.

When did we enter into contract? As Contractor we chose not to place any orders before we knew we had a signed contract – whose liability is this now? Should the "starting date"  and hence Completion Date all move on four weeks? If not, why should we have to act at risk whilst we do not know if they will actually sign the contract??
asked Feb 13 in NEC3 General by anonymous (1,880 points)  

1 Answer

+2 votes
 
Best answer
The "starting date" is the date defined in Contract Data Part One. Once the contract is signed that is the date that will be effective, whether it is before, at the same time as or after the date of signature or, more importantly, a contract being created.

A contract comes into existence, basically, at the point there is agreement on all the essential terms. Usually you will be looking for an accepted offer to do something for value. Signature on a contract is evidence of a contract existing but does not prevent a contract arising before that.

What you describe is the dilemma faced by contractors where an employer (client) is rushing a job through to start . The risk is with the contractor UNLESS contract award is a date in the programme by which the Employer is required to do something (ie sign and return the contract). If that is the case then there may be a CE under 60.1(5). Equally, if access was denied pending contract award then 60.1(3) may be relevant.
answered Feb 13 by Rob Horne (18,680 points)