NEC Professional Services contract

NEC3 and NEC4 Contracts General
1

Acting as the lead consultant appointed under the NEC PSC, how do you enter into back to back agreements with other individual design team members as subcontractors using the PSC? There is the NEC3 Construction sub-contract (ECS) but nothing seems to be there for an equivalent under the PSC suite?

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2

You have two alternatives :

  • use the full PSC where you the consultant (small C) are identifed as the Employer (big E) in the Contract Data and the subconsultant is the Consultant and tweak the timescales so that communications can go down the line and back-up in time for the main consultant to notify etc within the time scales under the main contract;

  • use the Professional Services SHORT Contract, but doing the same as above. This won’t be as contractually back-to-back but will involve significantly less administration and, given you say it is “for individual design team members” this is almost certainly more practical.

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3

A thought has occured to me : I think within the Guidance Notes to each of these contracts, the amendments necessary to make into a subcontract. I am more sure of this for the PSC as opposed to the PSSC.

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4

I am in the process of drafting a subconsultant contract under the PSC and as Jon points out, Appendix 4 of the PSC guidance notes sets this out and is quite useful.

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