I understand NEC encourage minimal Z clauses (amendments etc.), however is there a traditional list of amendments for public funded projects e.g.:
- Social values
- freedom of information
- money laundering
- GDPR Date protection
- Supplier to comply with requests under the Freedom of Information Act 2000
- Sections to reflect the Public Contracts Regulations
- Whistleblowing policies
- Tax deductions under the Construction Industry Contract
- Supplier to maintain records concerning the Contract and to give the Council access
I just wondered if this is included within the general 1-9 NEC all ready, or have NEC ever advised what is suitable to include as additional?
What you say about minimal Z-Clauses is correct, NEC would encourage less, and most of the supply chain would, in my experience, agree.
As for your list, those are all common enough UK Public Sector amendments. I think some of them could probably be Scope. I think others are likely to say little more than ‘comply with the law’, so you can debate their merit. Having said that, they are not unusual, and are unlikely to trouble a potential supplier unless they amend something in the core. They are not in the core 1-9, though, and its unlikely they ever will be.
The reason is that if you did refer to a Law it that would restrict the use of the Contract, possibly just to England and Wales, or require different versions by nation. NEC seeks to be Global.
What you do have is the ‘boilerplate’ amendments to NEC published by CCS. They were produced in cooperation with NEC, so might be a good place to start.
Appreciate the response Andy, very helpful.
I agree, avoid use of Z clause and no reference to Law in Contract. I shall highlight within ITT, thus also Scope.
Thanks for ‘boilerplate’ suggestion, I shall have a review.