NEC4 X22 (ECI) and it's relationship with the Scope

I am drafting a Scope for an NEC4 Option C contract including the secondary clause X22. Whilst drafting I am referring to the preparing the NEC ECC guide that NEC provides. In the guide, NEC advises the following sections to be add to the Scope:

  • S100 Description of the works
  • S200 General Constraints
  • S300 Contractor Design
  • S400 Completion
  • S500 Programme
  • S600 Quality Management
  • S700 Testing and Inspections
  • S800 Management of the Works
  • S900 Working with the Client and others
  • S1000 Services provided by the client
  • S1100 Health and Safety
  • S1200 Subcontracting
  • S1300 Title

I have also add a new section in accordance with the guide ‘S 2500 Early Contractor Involvement’. What I would like to know is…do I need to repeat all of the relevant information in Section S 100 - S 1300 within S 2500 or does all of the Scope above apply during stage 1 (X22).

For example there are requirements for the Contractor to provide site welfare in the general scope under S 1000, but these won’t necessarily be required in stage 1 as the space will not be available until stage 2.

A lot of the information included in S 100 - S 1300 is mostly relevant to Construction/Stage 2 so I do not want to be caught out.

This points to the slightly impractical nature of the suggested one size fits all nature for the ECC Scope document, although it is a good place to start from.

Generally repetition of the same words in contract docs is considered bad as ambiguities and inconsistencies tend to creep in. Instead cross-reference readers back to the relevant information which they need to take account of, but use the words “includes” not “comprises” (as stated elsewhere in the guidance).

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It is true that the Scope will contain information that is only relevant in Stage Two of the ECI, but I don’t think that particularly matters, as you also have to define what Stage One and Stage Two are.

When I’ve done this, I’ve made the Scope for Stage One a list of outputs. That will probably include the production of some level of Design, and will certainly include the production of Proposals for Stage Two, the most obvious one being the price, but it can be whatever you need it to be. Stage Two is then the balance of the works.

In your example, you would not include the provision of the site facilities in the Stage One.

On repetition, I totally agree with Jon. Ideally, say it once.