How best to manage the inclusion of an aftercare / maintenance period in an ECC Option C

With an ECC Option C contract that comprises two elements of work (1) construction of a new road & (2) a 5 year aftercare / maintenance for the landscaping following completion of the road, what is the best way to deal with releasing the Contractor’s Share, retention & the defects date so that they follow on from completion of the road and not have to wait until the end of 5 year aftercare as normally these conditions require the Completion of the whole of the works.
Note: the Employer will not entertain a separate contract for the aftercare.

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I have come across this issue from the other perspective where I was advising a Contractor. They were quite happy that the Employer could not reclaim the Contractor’s share of the pain for 3 years !

Here is my outline solution :

  • alter (as many Employer’s do) wording in clause 53 to say that the once the Price for Work Done to Date exceeds the the Prices, only the Employer’s share of any over run is is included in the amount due.
  • use the sectional Completion option X5.
  • change the relevant clauses for retention (X16.2) and correction of Defects (4. in Contract Data pt 1) to reference Completion of the section 1 as opposed to Completion of the whole of the works.
  • thoroughly check for unintended consequences elsewhere in the contract !

Relevent to the last point, you have not said how section 2 going to be paid for : on cost plus basis, on priced basis or as part of the same target ?