As Architect/Lead consultant we are asked to accept the delegation from the Employer to us of various Delegated Actions for which a (long) list of items has been provided; as per the request below:
We are seeking guidance on whether this is its entirety is ‘normal practice’ under NEC, as we have been more conversant with JCT in the past.
With thanks for any enlightenment available.
"With reference to your appointment as Architect/Lead Consultant for the above we refer to the Building Contract for this project which uses the NEC3 Engineering and Construction Short Contract (as amended). Pursuant to clause 14.4 of the Building Contract, (client name) as the Employer delegates to (name) Architects those Employer actions noted in the Schedule of Delegated Actions attached to this letter, a copy of which we will be sending to the Contractor, in order to comply with our obligation to notify him of the delegation.
(name) Architects may in conjunction with the appointed Quantity Surveyor (name) and insofar as you scope of services allow, seek their recommendation in order to fulfil the delegated actions under the NEC3 Engineering and Construction Short Contract as appended to this letter.
SCHEDULE OF DELEGATED ACTIONS
NEC3 Short Form (APRIL 2013) (As amended)
The following clauses identified below have been delegated to Andrew Nesbitt Architects (Architect/Lead consultant):-
Standard Form Title
Standard Form Clause Number
Actions - 10.1
The Employer’s authority and delegation 14.1, 14.2, 14.3
Early warning 16.1, 16.2
Providing the Works 20.2
Subcontracting and people 21.3
Starting and Completion 30.2, 30.3, 30.4
Searching for and notifying Defects 40.1, 40.2
Correcting Defects 41.1, 41.2, 41.4
Uncorrected Defects 42.1
Assessing the amount due 50.1, 50.4, 50.7
Compensation Events 60.1(1), 60.1(4), 60.1(5), 60.1(6), 60.1(7), 60.1(8), 60.1(11)
Notifying compensation events 61.1, 61.21, 61.3, 61.4
Quotation for compensation events 62.1, 62.2, 62.32, 62.43, 62.5,
Assessing compensation events 63.5
Objects and materials within the site 70.1
“Z” Clause Number Z2.2 new clause 21.5
Z3.1 new clause 23(2)
Z4.1 amended clause 31.1
Z4.3 new clause 31.3
Z6.1 amended clause 41.3
Z7.3 amended clause 50.7
Z9.3 new clause 60.1(15)
Z9.7 amended clause 63.2