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NEC4 Framework Contract - can it be amended for a Subcontractor?

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A Main Contractor we are working with has a NEC4 Framework Agreement with a Client that facilitates Call Off Contracts as is normal.

The Main Contractor proposes to use a small number of Subcontractors to deliver the Call Off projects under the Framework using either mini-tender, negotiation or Competitive Tender within the Subcontractor group.

Question 1;  The Main Contractor proposes to amend the NEC4 FA to 'Contractor and Subcontractor' but is aware that the form does not expressly provide for this. Is this practicable or is there another option they should consider.  

Question 2:  If this route is followed we would assume that the NEC4 FA becomes part of the Call Off Contracts Scope as a reference.  

Any thoughts gratefully received.
asked May 15, 2019 in General by MWN (200 points)  

1 Answer

+1 vote
Best answer
A1 : Yes, it is practicable as in you just put what you propose in as a part of the additional conditions of contract at the bottom of page 3. Alternatively, are far more simply, you say in the entries that "The Client is ... " and name the contractor as a legal entity (because they are the Client in the subcontract frameworks). Likewise in part 2, the Supplier is the >name of Subcontractor. I think that is simpler.

A2 : Only if each Call-Off Contract's Scope references the relevant parts of the framework contract which are relevant to delivering each Call-Off Contract. This is likely to be the Framework Information only, but depends upon what it and other docs actually say.
answered May 15, 2019 by Jon Broome Panel Member (64,020 points)  
selected May 15, 2019 by MWN