NEC - Most appropriate form of contract(s) for the provision of temporary works/services

NEC3 and NEC4 Contracts General
1

Please can you provide some guidance with respect to the most appropriate form of contract(s) comprising the NEC3 suite which are to be utilised for the procurement of works/services which are purely of a temporary nature? Examples of such temporary works/services include:

  • design, supply, erection, inspection, maintenance, dismantling and removal of temporary scaffold/support structures.
  • supply and erection of temporary site hoarding/fencing
  • provision of instrumentation & monitoring services.

In addition, if there is a requirement for bulk ‘muck-away’ services to be procured (by both rail & road), please can you advise if either the NEC3 Term Service Contract or Term Service Short Contract are applicable for the purposes of engaging a provider of such services, given that it is a ‘service’ and not ‘works’. The choice between the ‘long’ and ‘short’ form will be dependent upon the scale and level of risk and/or complexity, and therefore whether the sophisticated management techniques contained within the ‘long’ form are required to manage, control, mitigate and/or perhaps even eradicate the associate level of risk.

2

I would expect, if you used an NEC form, something like the short subcontract or even possibly the short supply contract would work.

I would have thought bulk muck-away is better served by an Option B subcontract. A term contract could work I suppose but bulk much-away isn’t really what it is aimed at.