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NEC ECC: Amendment to secondary clause wording such as X22

0 votes
We are entering into an ECI on an NEC4 and the X22 wording has been amended to accommodate enabling works as part of the stage 1.
Guidance whether the amending X22 is acceptable considering;

Early Contractor involvement (used only with Options C and E) The Z clauses previously published by the ICE for early contractor involvement in 2015 have now been directly incorporated as a new secondary option.  ECI permits the Client to appoint the Contractor at an early stage to input into the design process to innovate and eliminate risks to achieve better cost and time certainty for the works. However, this does not provide a framework for instructing enabling works, which would need to be done under a separate enabling works contract.
asked Jul 8 in Secondary X, W and Y options by GARYCOLLINSON (120 points)  
Please can you clarify the question you are asking Gary as it isn't clear? The best answer I can give based on what you've written is that it depends on the wording of the amendments that were made to X22.

1 Answer

0 votes
As Neil said above, it is not clear what you are asking.

If your question is along the lines of whether an amendment to a standard clause by the Client is 'acceptable', then the answer will be yes, providing the other party agrees to it (and subject to any law that would make any resulting clause void).
answered Jul 27 by stevencevans (2,120 points)