NEC4 ECC - Option C
The Client would like to install security gates directly outside of Contract, I wondered if this was allowed and if so which clauses to enable me to review, thank you.
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Hi, which clauses do you think cover it?
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I am a little lost as the security gates are not already within the Scope
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And has Completion been certified by the PM?
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Not yet, the Contractor is carrying on with the original Scope of works.
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What do you mean when you say âdirectly outside the contractâ?
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If the Client decides to appoint the security gate supplier directly, does this impact the existing Contract?
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So just to make sure I understand; the Client wants to do some work which is not covered by its current contract with the Contractor? They are thinking of employing a different contractor to do the work?
I think that rather than me telling you what I think the answer might be, it might be more helpful to you if you look at your contract and let me know which clauses you think apply, that way I can steer you through the correct contract processes and hopefully remove the confusion.
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Yes that is correct, they are thinking of employing a different contractor to do to work.
I have looked through the NEC4 contract over the weekend but I am a bit lost on how the contract overlaps with a different contractor, if you have any terminology in terms of references to the contract that would really help me out, I can then look for the clauses myself, thank you.
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The term you are looking for is âOthersâ, people who are not the Client, Contractor, PM or Supervisor; note the significance of the capital initial.
The Client has a couple of options, but first the PM should notify an early warning to the existing Contractor and discuss what the Client wants to do either at the next early warning meeting or instruct an earlier meeting if necessary; I would also suggest instructing the Client to attend the meeting.
Following the early warning meeting the PM should instruct a change to the Scope and introduce the security gate supplier as an Other who will be sharing the Working Areas with the Contractor. The wording of the PMâs instruction becomes Scope therefore it needs to detail everything that the Other will be doing including the timing of their work.
When giving the instruction the PM must also notify (separately) a compensation event at the same time as communicating the instruction and include within that notification an instruction to the Contractor to submit a quotation. The PM should discuss this with the Contractor and decide whether alternative quotations should also be instructed. This will start the CE process which should then be strictly adhered to by the PM and the Contractor.
In the meantime the Client can appoint the security gate supplier making sure that the conditions and the timing under which they will be working are clearly set out in their contract, these should be replicated in the PMs instruction which changes the Scope.
Having done all of that the PM should instruct the Contractor to submit a revised programme so that the Contractor can incorporate the work of the Other into their programme under clause 31.2 the 4th and 5th bullets.
It is very important that the Client and PM follow this process as another compensation can arise should Others not work to the time agreed in the Accepted Programme, do not work within the conditions stated in the Scope or, carry out work on the Site that is not stated in the Scope.
I have purposely not quoted the clause numbers so if you have a look at your contract now and see if you can determine which ones I am referring to, a word of caution; please check your Z clauses in case any of the above has been amended.
I would be happy to discuss further in case you are still struggling.
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That is extremely helpful, thank you so much.
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Youâre welcome, let me know how you get on with the clauses.
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