# ECC; ECSC - What's the difference between Plant and Materials?

**URL:** <https://reachback.builtintelligence.com/t/ecc-ecsc-whats-the-difference-between-plant-and-materials/16019>\
**Category:** NEC3 and NEC4 Contracts\
**Tags:** nec\
**Created:** [30 September 2021 10:11 UTC](https://reachback.builtintelligence.com/t/ecc-ecsc-whats-the-difference-between-plant-and-materials/16019 "2021-09-30T10:11:36Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![SL58](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/sl58/32/61_2.png) [@SL58](https://reachback.builtintelligence.com/u/SL58)\
**Post date:** [30 September 2021 10:11 UTC](https://reachback.builtintelligence.com/t/ecc-ecsc-whats-the-difference-between-plant-and-materials/16019/1 "2021-09-30T10:11:36Z")

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Serious question! My client wishes to compensate contractors for the current steep increases in Materials costs and has devised a Z Clause accordingly. But the Z clause only refers to Materials, not Plant. Where is the dividing line between Plant and Materials?  
I guess that most would agree that a pump is Plant. But what about a steel staircase, or a trash screen? Are they Plant or Materials? Perhaps if they are manufactured off-site by a third party supplier they would be Plant. But if they are constructed on site, or even manufactured in the Contractor’s premises, would they now be materials?  
Any thoughts?

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**Author:** ![Neil\_Earnshaw](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/neil_earnshaw/32/515_2.png) [@Neil\_Earnshaw](https://reachback.builtintelligence.com/u/Neil_Earnshaw)\
**Post date:** [30 September 2021 11:01 UTC](https://reachback.builtintelligence.com/t/ecc-ecsc-whats-the-difference-between-plant-and-materials/16019/2 "2021-09-30T11:01:12Z")

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There is no dividing line between Plant and Materials as the term “Plant and Materials” one define term and not two. The Z clause should be amended to refer to “Plant and Materials”. Rather confusingly the Contractor’s plant that is used to construct the _works_ is defined as “Equipment”. So if the pump is a sump pump used to dewater an excavation during construction in the NEC that’s “Equipment” however if the pump is being installed into the _works_ say as part of a heating system then it is “Plant and Materials”. Basically the Contractor takes the Equipment away at the end of the job but the Plant and Materials form part of the _works_ and are left behind.

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**Author:** ![SL58](https://dub1.discourse-cdn.com/flex013/user_avatar/reachback.builtintelligence.com/sl58/32/61_2.png) [@SL58](https://reachback.builtintelligence.com/u/SL58)\
**Post date:** [30 September 2021 12:22 UTC](https://reachback.builtintelligence.com/t/ecc-ecsc-whats-the-difference-between-plant-and-materials/16019/3 "2021-09-30T12:22:31Z")

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Thanks for the quick response