Hi everyone, we are looking to engage a new Subcontractor, but find ourselves in a position where we want to break up the works into 2 parts, with the second part to be an option that will need to be instructed. This is on the basis of the Subcontractor being new to the business, and we want to gauge performance first before awarding the rest.
I am new to NEC4, and pretty green with NEC in general, so I am keen to understand the best way to achieve this. Do we issue a single TO for all parts, with implicit instructions around part 2, or issue 2 TO’s for the guaranteed part and the options?
Any advice welcome.
Thanks
Dan
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Hi Dan Welcome to the forum. By TO I assume you mean Task Order? Change under NEC4 ECC if it’s an unamended version of the contract is done through a Contractor’s instruction and it’s a compensation event for the subcontractor. If you added a Task Order mechanism to ECC (which wouldn’t normally exist) you could also issue a TO to instruct change. The contract would allow you to instruct it in either one part or two parts. If you want a quote for the second part before instructing (ie subject to performance) it you can issued as a proposed instruction which the subcontractor can quote for. This would give you some cost certainty on the second part.